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HomeMy WebLinkAboutNC0084662_Regional Office Historical File Pre 2018 (2)PAT MCCRORY DONALD R. VAN DER VAART Secretary Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY RECEIVED/NCDENR/DW RDirector April 8, 2016 APR 2 7 2016 Mr. Greg Simpson, Sr. Project Manager WQROS Textron, Inc. MOORESVILLE REGIONAL OFFICE 40 Westminster St. Providence, Rhode Island 02903 Subject: Issuance of NPDES Permit NCO084662 [Former] Homelite / John Deere GW-REM 800 Little Mountain Road, Gastonia Gaston County Dear Mr. Simpson: The Division of Water Resources (the Division) hereby issues the attached NPDES permit for the subject facility. We issue this permit pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007, or as subsequently amended. Changes from Last Renewal. The Division understands that you have upgraded your wastewater treatment and collection system in accord with Authorization to Construct (ATC) No. A84662AO1, but have not altered discharge flow. We also acknowledge that you have moved your outfall some 50 feet from the previous, and have provided new Lat /Long coordinates. Accordingly we have updated your facility description and site map. We have also replaced monitoring for methylene chloride with EPA test Method 601, monitoring Quarterly, for volatile organic compounds (VOCs), based on data submitted with your application [see permit Section A. (1.)]. Changes to the DRAFT / Revised Reasonable Potential Analysis MA). The Division acknowledges your draft -review request to revert monitoring for Trichloroethylene (TCE) from Monthly to Quarterly. We have updated the RPA, based on a revised database supplied by your consultant AECOM (additional analyses through January 2016). Considering these new data, we concur that TCE no longer shows reasonable potential to exceed its surface water -quality standard. Therefore, Quarterly monitoring for TCE is hereby reinstated, to be reported as a component of EPA Test Method 601 (code: 78236). Please note that the practical quantitation level (PQL) units of measure for any test -method shall reflect compliance with its respective surface water -quality standard. Electronic Discharge Monitoring Reports (eDMR). Starting December 21, 2016, federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. State of North Carolina I Environmental Quality I Water Resources 1611 Mail service Center I Raleigh, North Carolina 27699-1611 919 707 9000 The requirement to begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application has been added to your final NPDES permit [See Special Condition A. (1)]. For information on eDMR, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http://deq,.nc.gov/about/divisions/water-resources/edmr. For more information on EPA's final NPDES Electronic Reporting Rule, please visit the following web site: http://www2. epa. gov/compliance/final-national-pol lutant-discharge-elimination-system-npdes- electronic-reportin -rule. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable, you have the right to an adjudicatory hearing upon written request submitted within thirty (30) days following receipt. of this letter. This request must take the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may modify, revoke, and/or reissue this permit. This permit does not affect your legal obligation to obtain other permits required by the Division of Water Resources, the Division of Land Resources, the Coastal Area Management Act, or any other Federal or Local government. If you have any questions, please email Joe R. Corporon, L.G. at (ioe.co oron ,ncdenr.gov] or call his direct line (919) 807-6394. Jay Zimmerman, P.G., Di or Division of Environmental Quality Enclosure: NPDES Permit NCO084662 (issuance final) cc: NPDES Program Files ec: MRO, Cory Basinger (Supervisor); Andrew Pitner (Asst. Supervisor) AECOM, attn. Erin Stewart [erin.stewart@aecom.com] Permit NCO084662 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPRES) In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the Textron, Inc. is hereby authorized to discharge wastewater from a facility located at the [former] Homelite / John Deere Groundwater Remediation (GW-REM) 3800 Little Mountain Road, Gastonia Gaston County to receiving waters designated as a unnamed tributary to Crowders Creek, Catawba River Basin, in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective May 1, 2016. This permit and authorization to discharge shall expire at midnight on August 31, 2020. Signed this day April 8, 2016. eivis Zimmerman, P.G., Direct, on of Water Resources By Authority of the Environmental Management Commission Page 1 of 7 Permit NCO084662 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Textron, Inc. is hereby authorized to: 1. continue to operate an existing 0.100 MGD groundwater treatment facility consisting of • one (1) four -tray air stripper, • eight (8) groundwater recovery wells • associated pumps and piping; • outfall with sample port these facilities located at 3800 Little Mountain Road, Gastonia, and 2. discharge from said treatment works via Outfall 001, at the location specified on the attached map, into an unnamed tributary (UT) to Crowders Creek [stream segment 11-135] a waterbody currently classified C, located within Subbasin 03-08-37 [HUC:03050101] of the Catawba River Basin. Page 2 of 7 Permit NCO084662 Part I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [NCAC 0213.0400 et seq., 0213.0500 et seq.] During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge treated wastewater from Outfall 001. Such discharges shall be limited, monitored and reported 1 by the Permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS CHARACTERISTICS Monthly Daily Measurement Sample E Sample [Parameter Codes] Average Maximum Frequency Type Location Flow [MGD] 50050 0.100 Monthly Recorder Effluent pH 00400 Not < 6.0 or > 9.0 Standard Units 2/Monthly Grab Effluent Organics — Total Volatile (EPA 601) 78236 Quarterly Grab Effluent WET Testing (Chronic) 2 TGP3B Quarterly Composite Effluent Footnotes: 1. Beginning no later than December 21, 2016, the Permittee shall submit discharge Monitoring Reports electronically using DWR's eDMR submittal system [See Section A. (3.)]. 2. Whole Effluent Toxicity (WET) testing; Chronic (Ceriodaphnia) Pass/Fail at 66 %; January, April, July and October [see Section A (2)]. Condition: The Permittee shall discharge no floating solids or foam. Page 3 of 7 Permit NCO084662 A. (2). CHRONIC TOXICITY - PERMIT LIMITED (QUARTERLY) [15A NCAC 02B .0200 et seq.] The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 66%. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure, " Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure " (Revised -February 1998) or subsequent versions. The tests will be performed during the months of January, April, July and October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -December 2010) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and TBP313 for the Chronic Value. Additionally, DWR Form AT-3 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Surface Water Permitting Section/Aquatic Toxicology Branch 1623 Mail Service Center Raleigh, NC 27699-1623 Completed Aquatic Toxicity Test Forms shall be filed with the Surface Water Permitting Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Water Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Assessment of toxicity compliance is based on the toxicity testing quarter, which is the three month time interval that begins on the first day of the month in which toxicity testing is required by this permit and continues until the final day of the third month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. Page 4 of 7 Permit NCO084662 A. (3.) ELECTRONIC REPORTING - DISCHARGE MONITORING REPORTS [G. S. 143-215.1(b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then Permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The Division adopted and implemented these regulations in 2013. NOTE: This special condition supplements or supersedes the following sections within Part H of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) Signatory Requirements • Section D. (2.) • Section D. (6.) • Section E. (5.) Reporting Records Retention Monitoring Reports 1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5) (a)l Effective December 21, 2016, the permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the 'eDMR submission by printing, signing, and submitting one signed original and a copy,of the computer printed eDMR to the following address: NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See "How to Request a Waiver from Electronic Reporting" section below. Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Starting on December 21, 2020, the permittee must electronically report the following compliance monitoring data and reports, when applicable: • Sewer Overflow/Bypass Event Reports; • Pretreatment Program Annual Reports; and • Clean Water Act (CWA) Section 316(b) Annual Reports. Page 5 of 7 Permit NC0084662 The permittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver from Electronic Reporting" section below). 2. Electronic Submissions In accordance with 40 CFR 122.41(l)(9), the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use the EPA's website resources to identify the initial recipient for the electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity (EPA or the state authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at: http://www2.epa.gov/compliance/final-national-pollutant-discharge-elimination-system-npdes- electronic-reportin -rule. Electronic submissions must start by the dates listed in the "Reporting Requirements" section above. 3. How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: http://deg.nc.gov/about/divisions/water-resources/edmr 4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B (11) (d)l All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part 11, Section B. (I 1.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http://deq.nc.gov/about/divisions/water-resources/edmr Page 6 of 7 Permit NC0084662 Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: V certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief,true, accurate, and complete. I am aware that there are significantpenalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 5. Records Retention [Supplements Section D. (Q] The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 7 of 7 �Outfall II gg day Yi���'trcG, o �►ijLittle Mtn. Rd. York Hwy 1� e I Former Homelite/ John Deere UT to Crowders Creek (flows S) T I 11 finn'Pl'� U� i, . �.F,t/W . Textron, Inc. Facility Former Homelite / John Deere Groundwater Remediation (GW-REM) Location Latitude: 351l2' 44 N" Longitude: 81111' 33" W not to scale Quad / State Grid: Gastonia S / G14NW HUC: 03050101 Receiving Stream: UT to Crowders Creek Stream Segment: 11-135 Drainage Basin: Catawba River Basin Sub -Basin: 03-08-37 NPDES Permit NCO084662 Stream Class: C NONth Gaston County NPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or Version 1110912011.1 NPDES Permit Standard Conditions Page 2 of 18 (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily SaLnpling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWR or "the Division" The Division of Water Resources, Department of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Version 1110912011.1 NPDES Permit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority_ The Director of the Division of Water Resources. Quarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41 ]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or Version 1110912011.1 NPDES Permit Standard Conditions Page 4 of 18 imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class 1 violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class lI violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class lI penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part II.C.4), "Upsets" (Part II.C.5) and "Power Failures" (Part ll.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 1110912011.1 NPDES Permit Standard Conditions Page 5 of 18 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Si ng atory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 1110912011.1 NPDES Permit Standard Conditions Page 6 of 18 c. Changes to authorization: if an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 1110912011.1 NPDES Permit Standard Conditions Page 7of18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class ll, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 08G .0204. 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. Version 1110912011.1 NPDES Permit Standard Conditions Page 8 of 18 (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part Il.B.2. of this permit. c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitorinp- and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.410)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Version 1110912011.1 NPDES Permit Standard Conditions Page 9 of 18 NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41 ]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41 ]. 6. Records Retention Except for records of monitoring information required by this permit related to the Pernuttee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. Version 11/09/2011.1 NPDES Permit Standard Conditions Page 10 of 18 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41 ]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41(1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(1); or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61 ] or state statute. Version 1110912011.1 NPDES Permit Standard Conditions Page 11 of 18 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit [40 CFR 122.41(1)(7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215. 1 (b)(2) or in Section 309 of the Federal Act. Version 1110912011.1 NPDES Permit Standard Conditions Page 12 of 18 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41 ]. 12. Annual Performance Reports Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1110912011.1 NPDES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements under Item b. of this Section. b. In accordance with NCGS 143-215.1(a5) [SL 2011-394], no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation. c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1110912011.1 NPDES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part H of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(11)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [I 5A NCAC 02H .0903(b)(14)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge permit. [15A NCAC 02H .0903(b)(23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T .0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)] "Significant Industrial User" or "SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H .0903(b)(33)]: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters); or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant Industrial User (SIU); or 6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non -significant categorical Industrial User. Section B. Publicly Owned Treatment Works (POTWs) Version 1110912011.1 NPDES Permit Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge; the investigation into possible sources; the period of the discharge, including exact dates and times; if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version 1110912011.1 NPDES Permit Standard Conditions" ` Page 16 of 18 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Prop -rams Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [I 5A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] Industrial Waste Survey OWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of S1U. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9] 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts II.D and II.E.5.). [15A NCAC 02H .0903(b)(16), .0906(b)(3) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are Version 1110912011.1 NPDES Permit Standard Conditions Page 17 of 18 enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905, and .0906(b)(4)] Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all Significant Industrial Users, permits for operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the .HWA and the limits from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5, 403.8(f)(1)(iii); NCGS 143-215.67(a)] 6. Authorization to Construct (AtQ The Permittee shall ensure that an Authorization to Construct permit (AtQ is issued to all applicable Industrial Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [ 15A NCAC 02H .0906(b)(7) and .0905; NCGS 143- 215. 1 (a)(8)] 7. POTW Inspection & Monitoring of their IUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by Industrial Users, compliance with applicable pretreatment standards. [ 15A NCAC 02H .0908(e); 40 CFR 403.8(f)(2)(v)] The Permittee must: a. Inspect all Significant Industrial Users (S1Us) at least once per calendar year; b. Sample all Significant Industrial Users (SIUs) at least once per calendar year for all SIU permit -limited parameters including flow except as allowed under 15A NCAC .0908(e); and c. At least once per year, document an evaluation of any non -significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non- significant. 8. IU Self Monitoring and Reporting The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 02H .0908. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR 122.440)(2) and 40 CFR 403.12] 9. Enforcement Response Plan (ERP) The Permittec shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 02H .0909, specific local limitations, and other pretreatment requirements. All remedies, enforcement actions and other, shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. [15A NCAC 02H .0903(b)(7), .0906(b)(8) and .0905; 40 CFR 403.8(f)(5)] 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 02H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC O2H .0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous calendar year to the Division at the following address: Version 1110912011.1 NPDES Permit Standard Conditions Page 18 of 18 NC DENR / Division of Water Resources / Water Quality Permitting Section Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 These reports shall be submitted by March 1 of each year and shall contain the following: a. Narrative A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non- compliance and to ensure compliance with pretreatment requirements; b. Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on forms or in a format provided by the Division; c. Significant Non -Compliance Report (SNCR) A list of Industrial Users (IUs) in significant noncompliance (SNC) with pretreatment requirements, and the nature of the violations on forms or in a format provided by the Division; d. Industrial Data Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format provided by the Division; e. Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of lUs in SNC, a summary of data or other information related to significant noncompliance determinations for IUs that are not considered SIUs, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; It. Public Notice The Permittee shall publish annually a list of Industrial Users (IUs) that were in significant noncompliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15A NCAC 02H .0903(b)(34), ,0908(b)(5) and .0905 and 40 CFR 403.8(f)(2)(viii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A NCAC 02H .0908(f); 40 CFR 403.12(o)] 13. Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC 02H .0906(b)(9) and (10) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H .0907. Version 1110912011.1 Pr Pat McCrory Governor North Carolina Department of Environmental Quality Mr. Greg Simpson, Sr. Project Manager Textron, Inc. 40 Westminster St. Providence, Rhode Island 02903 Dear Mr. Simpson: October 7, 2015 Donald R. van der Vaart Secretary RECEIVED/NCDENR/DWR OCT 14 2015 WQROS MOORESVILLE REGIONAL OFFICE Subject: Review of Permit DRAFT NPDES Permit NCO084662 Former Homelite / John Deere GW-REM. 3800 Little Mountain Road, Gastonia Gaston County Based on your renewal request for the subject site (received March 4, 2015), the Division of Water Resources (D)WR or the Division) hereby transmits a renewal draft for your review and comment. Please review this draft carefully to ensure your understanding of the limits and monitoring conditions, and to correct errors, if any. Concurrent with this notification, the Division will solicit public comment on this draft by publishing a notice in newspapers having circulation in the general Gaston County area, as required by the NPDES program. Please provide your comments, if any, regarding this draft to Doe.corporon@ncdenr.gov] or write to my attention at DENR / DWR / NPDES no later than November 13, 2015, approximately 30 days after receiving this document. We welcome your written comments, but they are not mandatory. Renewal Changes. The Division understands that you have upgraded your wastewater treatment and collection system in accord with Authorization to Construct (ATC) No. A84662AO1, but have not altered discharge flow. We also acknowledge that you have moved your outfall some 50 feet from the previous, and have provided new Lat. /Long. coordinates. Accordingly we have updated your facility description and site map. We have also replaced monitoring for methylene chloride with EPA test Method 601 for volatile organic compounds (VOCs) based on data submitted with your application [see permit section A. (1.)]. Electronic Discharge Monitoring Reports (eDMR). Please be advised that the Division has implemented an electronic Discharge Monitoring Report (eDMR) program in accord with pending requirements by the Environmental Protection Agency (EPA). We have included in this permit the details required to implement the eDMR program [see permit section A. (3.)]. Proposed federal regulations require electronic submittal of all DMRs and specify that, if North Carolina does not establish a system to receive such submittals, Permittees must then submit eDMRs directly to EPA. For information on eDMRs, registering for eDMR submittal, and obtaining an eDMR user account, please visit the DWR webpage: http://portal.ncdenr.org/web/wq/admin/bog/ipu/edmr 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-6300 \ FAX: 919-807-6492 \ Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org Renewal - Draft Permit Review NCO084662 Mr. Gregory Simpson Textron, Inc. For information on EPA's proposed NPDES Electronic Reporting Rule, please visit EPA's website: http://www2.epa.gov/compliance/pro op sed-npdes-electronic-reportin -rule Following the mandatory 30-day public comment period, the Division will review all pertinent comments and take appropriate action prior to issuing an NPDES permit -renewal final. If you have questions concerning this draft, please e-mail me or call my direct line (919) 807-6394. Joe R. Enclosure: NPDES Permit NC0084W (renewal DRAFT) cc: rRegional uperv� NPDES Program Files cc: MRO, Michael Parker AECOM, attn. Erin Stewart [erin.stewart@aecom.com] iron, L.G. C and Expedited Permitting y Permit NCO084662 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPRES) In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carona Environmental Management Commission, and the Federal Water Pollution C, ro'1 Act, as amended, the Textrow enc. is hereby authorized to former Homelite / J m to receiving waters desig accordance with effluent II, III and IV hereof. a This permit shall become effective a facility located at the Remediation (GW-REM) in Road, Gastonia � ounty tributary to Crowders Creek, Catawba River Basin, in ing requirements, and other conditions set forth in Parts I, 2015. This permit and authorization to discharge shall expire at midnight on August 31, 2020. Signed this day , 2015. S. Jay Zimmerman, P.G., Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 6 Permit NCO084662 SUPPLEMENT TO PERMIT COVER SHEET - All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Textron, Inc. is hereby authorized to: continue to operate an existing 0.10 MGD groundwater treatment facility consisting of • one (1) three -tray air stripper, • eight (8) groundwater recovery wells • associated pumps and piping; • outfall with sample port these facilities located at 3800 Little Moun a ' -o d, tonia, and 2. discharge from said treatment works via Outfall 001, at the location specified on the attached map, into an unnamed tributary (UT) to Crowders Creek [stream segment 11-135] a waterbody currently classified C, located within Subbasin 03-08-37 [HUC:03050101] of the Catawba River Basin. Page 2 of 6 Permit NCO084662 Part I A. (L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [NCAC 02B.0400 et seq., 02B.0500 et seq.] During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge treated wastewater from Outfall 001. Such discharges shall be limited, monitored and reported 1 by the Permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS CHARACTERISTICS [Parameter Codes] Monthly Daily Measurement Sample Sample Average Maximum Frequency Type Location Flow [MGD] 50050 0.100 M'\0qtkly Recorder Effluent PH 00400 Not or Standard rd Um /Mont Grab Effluent Volatile Organic Compound EPA 601 / Quarterly Grab Effluent WET Testing (Chronic) 2 TGP3B V �` �uarterly Composite Effluent Footnotes: "�\v 1. Beginning no later than days fro the\6rmit effective date, the Permittee shall submit discharge Monitoring Reports electro r �Ily us ; DWR's eDMR submittal system [See Section A. (1)]. 2. Whole Effluent Toxicity (WE 1egt'rfg; Chronic (Ceriodaphnia) Pass/Fail at 66 %; January, April, July and October [see Section A (2)]. Condition: The Permittee shall discharge no floating solids or foam. Page 3 of 6 A. (2). CHRONIC TOXICITY - PERMIT LIMITED (QUARTERLY) Permit NC0084662 The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 66%. The permit holder shall perform at a minimum, uarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The tests will be performed during the months of January, April, July and October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -December 2010) or subsequent versions. All toxicity testing results required as part of this permit conditi Monitoring Form (MR-1) for the months in which tests wereye the pass/fail results and TB?3B for the Chronic Value. c to the following address: C Attention: entered on the Effluent Discharge sing the parameter code TGP313 for R Form AT-3 (original) is to be sent lision of Water Resources -tion/Aquatic Toxicology Branch Center �4 623 Completed Aquatic Toxicity Test Forni�� is 1'bo'fi eil�it the Water Sciences Section no later than 30 days after the end of the reportiRi, . e it o��o is the repo s made. Test data shall be complete, accurate, include all supporting chemical/ph '1 measl� �kand all concentration/response data, and be certified by laboratory supervisor and r approbe db�gnate signature. Total residual chlorine of the effluent toxicity sample must be measured and r Vrted if,lorine is employed for disinfection of the waste stream. Should there be no discharge of floAVf om the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Water Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Assessment of toxicity compliance is based on the toxicity testing quarter, which is the three month time interval that begins on the first day of the month in which toxicity testing is required by this permit and continues until the final day of the third month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. Page 4 of 6 PV Permit NCO084662 A. (3.) ELECTRONIC REPORTING - DISCHARGE MONITORING REPORTS [G. S. 143-215.1(b)] Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then Permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The Division adopted and implemented these regulations in 2013. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) • Section D. (2.) • Section D. (6.) • Section E. (5.) Signatory Requirements Reporting Records Retention Monitoring Reports 1. Reportinji [Supersedes Part II, Section D (2 )1>1a S on E. Beginning no later than 270 days from the ct`e�d of this permit, the Permittee shall report discharge monitoring data electronic 11 us t NCR,s Electronic Discharge Monitoring Report (eDMR) internet applicalp� Monitoring results obtained_durintp�iot;��onth(s) shall be summarized for each month and submitted electronical s ng '�The ee - system allows permitted facilities to enter monitoring data ands it D e1bc`tionically using the internet. Until such time that the state's eDMR application is co liant w t 5A's Cross -Media Electronic Reporting Regulation (CROMERR), Permittees it be ,4uired to submit all discharge monitoring data to the state electronically using eDMR" '11 be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NCDEQ / DWR / Information Processing Unit ATTENTION: Central Files / eDMR 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a Permittee is unable to use the eDMR system due to a demonstrated hardship, or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted, and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1. 1, 2, 3), or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. Requests for temporary waivers from the NPDES electronic reporting requirements must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin using eDMR. Temporary waivers shall be Page 5 of 6 Permit NC0084662 ` valid for twelve (12) months and shall thereupon expire. At such time, DMRs shall be submitted electronically to the Division unless the Permittee re -applies for and is granted a new temporary waiver by the Division. Information on eDMR and application for a temporary waiver from the NPDES electronic reporting requirements is found on the following web page: http://portal.NCDEQ.org/web/wq/admin/bog/i u/p edmr Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. 2. Signatory Requirements [Supplements Part II, Section B. (11.) (b) and supersedes Section B (11.) (d)1 All eDMRs submitted to the permit issuing authority shall besA,gned by a person described in Part II, Section B. (I 1.)(a) or by a duly authorized represent - ! e �Qhat person as described in Part II, Section B. (11.)(b). A person, and not a position, muslt',be delegb ed signatory authority for eDMR reporting purposes. % �� For eDMR submissions, the person signin d sub i ng the DMR must obtain an eDMR user account and login credentials to access the R, sierh. For more information on North Carolina's eDMR system, registerpa- gf eD R, of jiing an eDMR user account, please visit the following web page: �� http://portal.NCDEQ.or Q •a mfn/bo i edmr Certification. Any p`es�®r subT gg electronic DMR using the state's eDMR system shall make the following certificati0 CF . 22.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 3. Records Retention [Supplements Part II, Section D. (6.)] The Permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 6 of 6 Lj Textron, Inc. Former Homelite / John Deere Facility , Groundwater Remediation (GW-REM) Location x Latitude: 35' 12' 44 N" Longitude: 811 11' 33" W not to scale Quad / State Grid: Gastonia S / G14NW HUC: 03050101 Receiving Stream: UT to Crowders Creek Stream Segment: 11-135 Drainage Basin: Catawba River Basin Sub -Basin: 03-08-37 Stream Class: C a TO�� 1 NPDES Permit NC0084662 1 �/ i"l Gaston County Beverly Eaves Perdue Governor Mr. Greg Simpson Sr. Project Manager Textron, Inc. 40 Westminster St. Providence, RI 02903 Dear Mr. Simpson: T*24 WNW North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Director October 31, 2011 Dee Freeman Secretary PECEIVEQ I'M 1 2011 SWP SECTION MOORESVILLE REGIONAL OFPf .. Subject: Correction of NPDES Permit NCO084662 Textron, Inc. GWR Gaston County I was notified today that there is an error in this recently renewed NPDES permit. On the Supplement to Permit Cover Sheet, there is a reference to a three tray air stripper. It should be a four tray air stripper. Attached is a corrected sheet to be added to the permit file. Please replace the original page with the attached page. If you have questions, or if I can be of further service, please contact me at james.mckay@ncdenr.gov or call (919) 807- 6404. Sincerely, i�� fA a 1�1 Jim McKay Complex NPDES Permitting 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807.63001 FAX: 919-807-64951 Customer Service: 1-877-623-6748 Internet http: I I h2o.state.nc.us I _ ne oc6f Carolina An Equal Opportunity 1 Affirmative Action Employer Enclosure: Supplement to Permit Cover Sheet cc: Mooresville Regional Office/Surface Water Protection Section - via email NPDES Permit File Central Files Aquatic Toxicology Unit, Susan Meadows - via email TACU, James L. Pugh - via email AECOM/ 8540 Colonnade Center Drive/ Suite 306/ Raleigh, NC 27615/ Attn: Ms. Erin Stewart PG ��I Orr Permit NCO084662 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELEMI NATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Textron, Inc. is hereby authorized to discharge wastewater from a facility located at the Textron, Inc. 3800 Little Mountain Road Gastonia Gaston County to receiving waters designated as Unnamed Tributary to Crowders Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I,11, III and IV hereof This permit shall become effective December 1, 2011. This permit and authorization to discharge shall expire at midnight on August 31, 2015. Signed this day October 21, 2011. oleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission J 'q'41Permit NC0084662 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Textron, Inc. Wastewater Treatment Plant (Groundwater Remediation) is hereby authorized to: 1. Continue to operate an existing 0.10 MGD groundwater treatment facility consisting of one four - tray air stripper, eight groundwater recovery wells with associated pumps and piping, The facility is located at 3800 Little Mountain Road, Gastonia, North Carolina. 2. Discharge from said treatment works at the location specified on the attached map into an LPT to Crowders Creek, Class C water located in the Catawba River Basin. Or Beverly Eaves Perdue Governor Mr. Greg Simpson Sr. Project Manager Textron, Inc. 40 Westminster St. Providence, RI 02903 Dear Mr. Simpson: A" e a NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Director October 21, 2011 BE$ Subject: Issuance of NPDES Permit NCO084662 Textron, Inc. GWR Gaston County Class PC 1 Dee Freeman Secretary Division of Water Quality (Division) personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. It is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007, or as subsequently amended. There are the following changes from your current permit: The equipment listing on the Supplement to Cover Page has been updated to include one 3-tray stripper column and delete reference to the old air strippers that have been removed. The facility capacity and flow limit have been changed to 0.1 MGD to reflect the installed equipment. (Change from draft) Instream Waste Concentration (IWC) has changed to 39% from 66% due to the changed flow limit. Whole Effluent Toxicity Testing (WET) has been kept at 66% to maintain data continuity. Your facility has been routinely passing this test. If any parts, measurement frequencies, or sampling requirements contained in this permit are unacceptable, you have the right to an adjudicatory hearing upon written request within thirty (30) days after receiving this letter. Your request must take the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes, and must be filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such demand is made, this permit remains final and binding. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-6300 \ FAX: 919-807-6495 \ Customer Service: 1-877-623-6748 Internet: http: I I h2o.state.nc.us I Nne orthCarolina An Equal Opportunity 1 Affirmative Action Employer This permit is not transferable except after notifying the Division of Water Quality. The Division may modify and re- issue, or revoke this permit. Please notice that this permit does not affect your legal obligation to obtain other permits required by the Division of Water Quality, the Division of Land Resources, the Coastal Area Management Act, or other federal or local governments. If you have questions, or if we can be of further service, please contact Jim McKay at james.mckay@ncdenr.gov or call (919)807-6404. Sincerely, yam- Coleen H. Sullins Enclosure: NPDES Permit FINAL NC0084662 cc: orem"egiona .' . e W j"k0m; tion ! NPDES Permit File _Central Files Aquatic Toxicology.Unit, Susan Meadows - via email with fact sheet TACU, James L. Pugh - via email with fact sheet ,AECOM/ 8540 Colonnade Center Drive/ Suite 306/ Raleigh, NC 27615/ Attn: Ms. Erin Stewart PG FV Permit NCO084662 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT_ DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Textron, Inc. is hereby authorized to discharge wastewater from a facility located at the Textron, Inc. 3800 Little Mountain Road Gastonia Gaston County to receiving waters designated as Unnamed Tributary to Crowders Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, H, III and IV hereof. This permit shall become effective December 1, 2011. This permit and authorization to discharge shall expire at midnight on August 31, 2015. Signed this day October 21, 2011. f� Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO084662 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this pemut issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Textron, Inc. Wastewater Treatment Plant (Groundwater Remediation) is hereby authorized to: 1. Continue to operate an existing 0.10 MGD groundwater treatment facility consisting of one three - tray air stripper, eight groundwater recovery wells with associated pumps and piping, The facility is located at 3800 Little Mountain Road, Gastonia, North Carolina. 2. Discharge from said treatment works at the location specified on the attached map into an UT to Crowders Creek, Class C water located in the Catawba River Basin. F17 Permit NCO084662 Al Textron, In Outfall 001 7 � r 12 �. Textron, Inc. Facil;t♦ Textron G«"R ;' WAVTP Location Y 1aC4Sidi 35'12'45"N U5GSCrid: SouthGueonia Lom*vde: 81 * 11' 29" W P.rmi±W Fbw: O.IOMGD Receiv raStreme UT1oCrowdersCreek VraiTa B—by CatawbaRwerBasin stoma rse: C7C S.b-BnrDc 03-08-37 notlo stak ) NPDES Penn it No. NCO084662 i `�"0%-t/7 l GastonCounty A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Permit NC0084662 During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Avera a Weekly Average Daily Maidmum Measurement Frequency Sample Type Sample Location Flow 0.10 MGD Monthly Recording Effluent pH pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 2/Month Grab Effluent Methylene Chloride Quarterly Grab Effluent Chronic Toxicity Quarterly Composite Effluent Footnotes: 1. All volumes of wastewater leaving the facility shall be monitored. Flow may be measured using a flow -totalizing device. 2. Chronic Toxicity (Ceriodaphnia) at 66 %; January, April, July and October; refer to Special Condition A (2). There shall be no discharge of floating solids or visible foam in other than trace amounts Permit NCO084662 A.F(2). CHRONIC TOXICITY PERMIT LIMIT (QRTRLY) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 66%. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The tests will be performed during the months of January, April, July and October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP313 for the pass/fail results and TBP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. NPDES Permit Standard Conditions Frr Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may Version 1012912010 NPDES Permit Standard Cond7of Page 18 only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24- hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.2) Daily Maximum The highest "daily discharge' during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or "the Division' The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered =1. Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Version 1012912010 FV NPDES Permit Standard Conditions Page 3 of 18 Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply_ The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.411. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402 (a) (3) or 402 (b) (8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319 (d) and 40 CFR 122.41 (a) (2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319 (c) (1) and 40 CFR 122.41 (a) (2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal Version 10/29/2010 NPDES Permit Standard ConditIo Page 4 of 18 penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319 (c) (2) and 40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319 (g) (2) and 40 CFR 122.41 (a) (3)] 2. Du!, to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part I1. C. 4), "Upsets" (Part H. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. Version 102912010 Pr NPDES Permit Standard Conditions Page 5 of 18 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)] 9. Du!, to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] Version 1012912010 NPDES Permit Standard Conditio Page 6 of 18 d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H.0100; and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls Certified Op erator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. Version 1012912010 NPDES Permit Standard Conditions Page 7 of 18 or 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (0] 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41 (m) (3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II. E. 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41 (n) (2)]:An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. Version 10/29/2010 NPDES Permit Standard Cond78of Page8b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establise affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) of this permit. (4) The Permittee complied with any remedial measures required under Part H. B. 2. of this permit. c. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the Version 102912010 NPDES Permit Standard Conditions Page 9 of 18 PF measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Divisions Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.411. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; Version 1012912010 NPDES Permit Standard Conditio Page 10 of 18 c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41 (1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) (1). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)]. 4. Transfers This permit is not transferable to any person without approval from the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the CWA [40 CFR 122.41 (1) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. Version 1012912010 NPDES Permit Standard Conditions Page 11 of 18 b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and tunes, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 (1) (6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part H. E. 6. of this permit [40 CFR 122.41 (1) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1) (8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.411. Version 1012912010 NPDES Permit Standard Conditio ME Page 12 of 18 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143- 215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1012912010 NPDES Permit Standard Conditions pppr Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Dischagze Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 10/29/2010 NPDES Permit Standard Conditio PART IV Page 14 of 18 SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the POTW's NPDES Permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 21-1.0903 (b) (13)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the POTW's NPDES permit, or of an instream water quality standard. [15A NCAC 21-1.0903 (b) (23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, owned by a State or local government entity. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW. The term also means the local government entity, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. [15A NCAC 21-1.0903 (b) (27)] "Significant Industrial User" or "SIU" An industrial user that discharges wastewater into a publicly owned treatment works and that [15A NCAC 21-1.0903 (b) (34)1: (a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters) or; (b) contributes more than 5 percent of the design flow of the POTW treatment plant or more than 5 percent of the maximum allowable headworks loading of the POTW treatment plant for any pollutant of concern, or; (c) is required to meet a national categorical pretreatment standard, or; (d) is, regardless of Parts (a), (b), and (c) of this definition, otherwise determined by the POTW, the Division, or the EPA to have a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement or POTW's receiving stream standard, or to limit the POTW's sludge disposal options. Section B. Publicly Owned Treatment Works (POTWs) All POTWs are required to prevent the introduction of pollutants into the POTW which will interfere with the operation of the POTW, including interference with its use or disposal of municipal sludge, or pass through the treatment works or otherwise be incompatible with such treatment works. [40 CFR 403.21 All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42 (b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by, an indirect discharger as influent to that POTW at the time of issuance of the permit. Version 1029/2010 NPDES Permit Standard Conditions Page 15 of 18 OF 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. Under no circumstances shall the Permittee allow introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 21-1.0900 and 40 CFR 403. [40 CFR 403.5 (a) (1)] b. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5 (b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the PO'IW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge, the investigation into possible sources; the period of the discharge, including exact dates and times; and if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and Version 1012912010 NPDES Permit Standard Conditio Page 16 of 18 specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User, the Permittee shall either develop and submit to the Division a new Pretreatment Program or a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 2H.0907 (a) and (b). [40 CFR 122.44 6) (2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b) (8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402 (b) (8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H.0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. [40 CFR 122.44 0) (2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402 (b) (8) of the CWA, 40 CFR 403,15A NCAC 2H.0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 2H.0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 2H.0905 and .0906; 40 CFR 403.8 (f) (1) and 403.9 (b) (1), (2)] 2. Industrial Waste Survey (IWS) The permittee shall implement an IWS consisting of the survey of users of the POTW, as required by 40 CFR 403.8 (f) (2) (i-iii) and 15A NCAC 2H.0905 [also 40 CFR 122.44 0) (1)], including identification of all industrial users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these industrial users and identification of those industrial users meeting the definition of SIU. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.5.). [15A NCAC 2H.0906 (b) (2) and .09051 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) .the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.441. The Permittee shall develop, in accordance with 40 CFR 403.5 (c) and 15A NCAC 2H.0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5 (a) and (b) and 15A NCAC 2H.0909. Pursuant to 40 CFR 403.5, local limits are enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from Version 1012912010 NPDES Permit Standard Conditions Page 17 of 18 all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 2H.0909, .0916, and .0917; 40 CFR 403.5, 403.8 (f) (1) (iii); NCGS 143- 215.67 (a)] Authorization to Construct (AtC) The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 21-1.0906 (b) (6) and .0905; NCGS 143-215.1 (a) (8)] 7. POTW Inspection & Monitoring of their IUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. [15A NCAC 2H .0908(d); 40 CFR 403.8(f)(2)(v)] The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit -limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled at least once per calendar year; For the purposes of this paragraph, "organic compounds' means the types of compounds listed in 40 CFR 136.3(a), Tables IC, ID, and IF, as amended. 8. IU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. [15A NCAC 2H .0906(b)(4) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR 122.440)(2) and 40 CFR 403.12] 9. Enforcement ResRonse Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All remedies, enforcement actions and other, shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. [15A NCAC 2H .0906(b)(7) and .0905; 40 CFR 403.8(f)(5)] 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 21-1.0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR / Division of Water Quality / Surface Water Protection Section Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following: a.) Narrative A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in Significant Non -Compliance (SNC); Version 1012912010 NPDES Permit Standard Con( Page 18 of 18 b.) Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Significant Non -Compliance Report (SNCR) The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU) in SNC. These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non - Compliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15A NCAC 2H .0903(b)(35), .0908(b)(5) and .0905 and 40 CFR 403.8(f)(2)(viii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. [15A NCAC 2H .0908(f); 40 CFR 403.12(o)] 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. [15A NCAC 2H .0906(a) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18,15 NCAC 2H .0114 and 15A NCAC 2H .0907. Version 1012912010 AECOM 701 Corporate Center Drive, Suite 475 Raleigh, North Carolina 27607 October 28, 2015 Central Files Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 919.854.6200 tel 919.854.6259 fax Subject: Textron, Inc. Waste Water Treatment Plant (Groundwater Remediation) NPDES Permit No. NCO084662 Former John Deere Consumer Products, Inc. Facility Gastonia, North Carolina September 2015 Discharge Monitoring Report To Whom It May Concern: On behalf of Textron, Inc., AECOM Technical Services of North Carolina, Inc. has prepared the attached Discharge Monitoring Report for September 2015. All parameters were within permit limits. Please note that the facility's NPDES Permit expired on August 31, 2015; however, Textron submitted the permit renewal application to the Division of Water Resources on March 2, 2015. Because the facility requested renewal of the permit at least 180 days prior to the expiration date, the facility is automatically authorized to discharge beyond the permit expiration date, as stated in permit condition II.B.10. If you have any questions or require any additional information, please contact Erin Stewart at (919) 239-7189. Yours sincerely, Christopher Mason Staff Scientist Attachments cc: Greg Simpson —Textron, Inc. Jon Wakeman — AECOM Erin Stewart, P.G. Project Manager rt� . NPDES Unit Water Protection Section _i: James McKay Date: March 22, 2010 SOC PRIORITY PROJECT: No NPDES STAFF REPORT AND RECOMMENDATIONS County: Gaston Permit No. NCO084662 PART I - GENERAL INFORMATION Physical Location Facility and address Textron, Inc. 40 Westminister Street Providence, RI 02903 2. Date of on -site investigation: March 18, 2010 3800 Little Mountain Road Gastonia, NC 28056 3. Report prepared by: Michael L. Parker, Environmental Engineer II 4. Persons contacted and telephone number: Erin Stewart, Project Manager, AECOM (919) 872-6600. 5. Verified discharge point(s), list for all discharge points: Latitude: 35 ° 12' 45" Longitude: 81 ° 11' 29' USGS Quad No.: G14NW PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. Existing treatment facility a. Current permitted capacity: 0.100 MGD. b. Actual treatment capacity of the current facility (design volume): 0.100 MGD. C. Description of existing or substantially constructed WWT facilities: The existing WWT facilities consists of three (3) vertical air strippers (two primary air strippers and one air stripper maintained as a stand-by unit). 2. Type of proposed treatment facility: The permittee intends to replace the existing vertical flow air strippers with tray strippers and replace some of the existing underground piping during the term of the renewed permit. The existing air strippers are antiquated and have reached the end of their useful life. An ATC has been requested for the air stripper upgrade. There will be no change to the current discharge location upon completion of the air stripper upgrade. Page Two PART III - EVALUATION AND RECOMMENDATIONS The applicant, Textron, Inc., requests that the subject NPDES permit be renewed. The permit authorizes Textron to discharge groundwater that has been treated to remove volatile organic compounds (primarily solvents). There have been no changes to the permit and/or the existing GW remediation facilities since the permit was last renewed. Changes proposed during the term of the new permit are discussed in Part III, No. 2 above. Pending a technical review and approval by the Western NPDES Unit, it is recommended that the permit be renewed as requested GCC� ignature of Report Preparer Date 3 Zz i i Water Quality Regional Supervisor Date h:\dsr\dsr 10\textron. doc l J u�J.a1 fira-AAM NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Director ERIN STEWART PG PROJECT MANAGER AECOM 8540 COLONNADE CENTER DRIVE SUITE 306 RALEIGH NC 27615 Dear Ms. Stewart: March 8, 2010 Dee Freeman Secretary r. MAR - 9 2010 Subject: Receipt of permit renewal application NPDES Permit NCO084662 Textron Remediation Site Gaston County The NPDES Unit received your permit renewal application on March 4, 2010. A member of the NPDES Unit will review your application. They will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. If you have any additional questions concerning renewal of the subject permit, please contact James Mckay at (919) 807-6404. Sincerely, M, 0 Me, I I Dina Sprinkle Point Source Branch cc: CENTRAL FILES WomommWille RegionalSurface Water Protection NPDES Unit ,t 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64921 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity i Affirmative Action Employer NorthCarolina Natumllff NPDES PERMIT APPLICATION - SHORT FORM C - GW For discharges associated with groundwater treatment facilities. Mail the complete application to: N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 Cap- NPDES Permit NumberWoo a t",2 IT If you are completing this form in computer use the TAB key or the up - down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type. 1. Contact Information: Owner Name UtVcs ,'.T✓1 G Myi : C'V(vy�i0eKkv "111c( Facility Name T�7.fYcYl , IV+ l- . w0s;itWa-tt;V Treaf m v f F(to-t f Y ('"Viav:clie V Mailing Address 40 V e(Mm Vt-�it V "�"fv-u r City State / Zip Code Telephone Number Fax Number e-mail Address I�Y(cd� 35(C�►�► D 2�te3 (Lt-cl ) qC_;j. 354(: 3�i1 i (� `tt Y, 2. Location of facility producing discharge: Check here if same as above ❑ Street Address or State Road City State / Zip Code County bop 0 tt e to puvltam rz-00 cl uac7 tm a N cNttA C(.wl1Aa_ 200sL- 6-CL&tYk �R 0 4 2010 3. Operator Information: Name of the firm, consultant or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name Mailing Address City State / Zip Code Telephone Number Fax Number 4. Ownership Status: Federal ❑ Rc�l� ati (a A 1 bi-2 . G iv 0 o C1 1'l1 , 236I •1 1061 (d (v-etf� State ❑ Private ❑ Public ❑ Pagel of 3 C-GW 03/05 NPDES PERMIT APPLICATION - SHORT FORM C - GW For discharges associated with groundwater treatment facilities. Products recovered: Gasoline ❑ Diesel fuel ❑ Solvents [2" Other 6. Number of separate discharge points: �- Outfall Identification number(s) 001 7. Frequency of discharge: Continuous [Q/ If intermittent: Days per week discharge occurs: (� S 8. Treatment System Design flow 0 ' 1 MGD Intermittent ❑ Duration: Z`� Vllh� Cf C 9. Name of receiving stream(s) (Provide a map shounng the exact location of each outfall, including latitude and longitude): Ulvwrxnko, Evil ufavy of LvovzU_,- ereev. - Lcifi Uic ems. Z(ZZ 6,6,4 L',;1; Vt,Ud__Q_ i6l - lq Z 9 q i ° vV . See. Fi y uv2 ( {-c.'Y l o CCLf-1 GM - 10. Please list all additives to the treatment system, including chemicals or nutrients, that have the potential to be discharged. No O cUl l {"1d e S. 11. Is this facility located on Indian country? (check one) Yes ❑ No 191, 12. Additional Information All applicants (including renewals): ➢ A USGS topographical map (or copy of the relevant portion) which shows all outfalls pl`<aye ➢ A summary of the most recent analytical results (effluent data, if available) containing the maximum values for each chemical detected NEW Applicants only: ➢ Engineering Alternative Analysis ➢ Description of remediation treatment system components, capacities, and removal efficiency for detected compounds. ➢ If the treatment system will discharge to a storm sewer, written approval from the municipality responsible for the sewer. ➢ A list of any chemicals found in detectable amounts at the site, with the maximum observed concentration reported for each chemical (the most recent sample must be collected less than one year prior to the date of this application) ➢ For petroleum -contaminated sites - Analyses for Volatile Organic Compounds (VOC) should be performed. Analyses for any fuel additives likely to be present at the site and for phenol and lead should also be performed. ➢ For sites contaminated with solvents or other contaminants - EPA Method 624/625 analysis should be performed. Page 2 of 3 C-GW 03/05 NPDES PERMIT APPLICATION - SHORT FORM C - GW For discharges associated with groundwater treatment facilities. Certification am familiar with the information contained in the application and that to the best of: my knowledge and belief such information is true, complete, and accurate. .( 2LYWW?a (L MIU Printed name of Person Signing Signatu# of Appli Title Date North Carolina General Statute 143-215.6 (b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) Page 3 of 3 C-GW 03/05 Christopher R. Milici Manager, Environment, Health & Safety Textron, Inc. March 30, 2009 Ms. Colleen H. Sullins Director Division of Water Quality North Carolina Department of Environment and Natural Resources 1617 Mail Service Center Raleigh, NC 27699-1617 40 Westminster St. Providence, RI 02903 Tel: (401) 457-3576 Fax: (401) 457-6028 cmilici@textron.com Subject: Authorized Signature Authority for Representatives of Permittee Textron, Inc. Waste Water Treatment Plant (Groundwater Remediation) 3800 Little Mountain Road, Gastonia, North Carolina NPDES Permit No. NCO084662 Dear. Ms: Sullins: Per,15A NCAC 2.13.0506 (15)(2)(D).(.iii) referenced below, ifthe discharge monitoring report is to be signed by someone other than the permittee, delegation of signature authority must be on file, with the permit issuing authority. (D) Duly authorized representative of the person described in Paragraphs (b)(2)(A), (B) and (C). A person is a duly authorized representative only if: (i) The authorization is made in writing by a person described in Paragraphs (b)(2)(A), (B) and (C); (ii) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (Ili) The written authorization is submitted to the Permit Issuing Authority. Permittees authorizing another individual to sign as representative in no way relinquishes any responsibility for the permit or his responsibility to remain familiar with the permit conditions, limits, including any modifications, and for the compliance data reports for the permit. As a duly authorized representative. of Textron, Inc. (the Permittee), I am requesting that,the•signature;authority for -the above referenced facility be delegated to the AECOM North.,Cprolin.a, Inc.. Project: Manager (Erin Stewart, P.G.) and Program Manager `(S. Grant-. Watkins, . P.G., R:S,M.) for the Textron, Inc. Waste Water Treatment Plant (Groundwater Rernediatio.n) .located in Gastonia, North Carolina (NPDES'.. Perniit"No. NC0084.662). These representatives will serve.to review, determine compliance status, and certify by:signature monthly monitoring reports. I recognize that pursuant to 15A NCAC 2B .0506 (b) (2) (D), that the process of authorizing another individual or position to sign as a representative in no way relinquishes any responsibility for the permit or 1oft responsibility to remain familiar with the permit conditions, limits, including any modifications, and for the compliance data reports for the permit. Sincerely yours, C st er Manag , EHS Textron, Inc. cc: NCDENR Mooresville Regional Office - DWQ, Surface Water Protection Section DWQ Environmental Sciences Section - Aquatic Toxicology Unit DWQ Surface Water Protection Section - Point Source Branch DWQ Central Files Erin Stewart - AECOM .'6 At jj l ,fit•. W �► l re, # P >• V. - N �., Former Textron Outfall 001 Location w Facility Y 35.212264 ,..,�• R 81.192741'�-', ~ '. _ . . i 3 ;._may' •:..� _. I.. rJ,. ' Y Map Location Site Location Map " Figure 1-1 iN V D y� Former John Deere Consumer Products, Inc. KY VA3800 Little Mountain Road ACOM Gastonia, North Carolina 28052 TNT AECOM North Carolina Inc. NSC Gastonia South, NC/SC USGS Topographic Quadrangle (1996) 8540 Colonnade Drive, Suite 306 0 2,000 4,000 Raleigh, NC 27615 Phone: (919) 872-6600 AL GA Feet Fax: (919) 872-7996 w February 2010 60133049.114 Web: http://www.aecom.com Table 1 Summary of Recent Analytical Results - NPDES Dicharge 001 NPDES Permit NC0084662 Textron, Inc. 3800 Little Mountain Road, Gastonia Gaston County, North Carolina m o u t U X o 2 � 2 M d c O t d U PASS/ (STD) (ug/L) FAIL January 2009 7.81 <2.0 Pass February 2009 7.87 - - March 2009 7.8 - April 2009 7.9 <2.0 Pass May 2009 7.75 - - June 2009 7.77 - - July 2009 7.91 <2.0 Pass August 2009 7.94 - - September 2009 7.68 - - October 2009 7.75 <2.0 Pass November 2009 7.88 - - December 2009 7.88 - - MAXIMUM 7.94 <2.0 Pass NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 30, 2009 Mr. Christopher Milici Textron, Inc. A M 40 Westminster Street Providence, RI 02903 SUBJECT: Textron, Inc. M-Surface Water PrOle ;tan A to C No. 084662AOI Transmittal of Approved Plans and Specifications Dear Mr. Milici: Enclosed is a copy of the plans and specifications, which were approved on March 27, 2009. The subject documents have been stamped "approved" for your records. A copy is also being forwarded to your engineer and to the Mooresville Regional Office. The Permittee should retain these documents for the life of the facility. Should you have questions regarding this matter, call me at (919) 715-6206. Sincerely, Seth Robertson, P.E., Supervisor Design Management Unit MM: sr Enclosures cc: Matthew J. Zenker, P.E., AECOM North Carolina, Inc., 7041 Old Wake Forest Road, Suite 103, Raleigh NC 27616 Daniel Blaisdell, P.E. Michelle McKay, E.I. ATC File 1633 Mail Service Center, Raleigh, North Carolina 27699-1633 One Location: 2728 Capital Blvd. Ra"h, North Carolina 27604 NorthCarolina Phone: 919-733-69001 FAX: 919-715-62291 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org Naturally An Equal Opportunity Affirmative Action Employer PV Technical Specifications Groundwater Extraction and Treatment System Upgrade Former John Deere Consumer Products, Inc. Facility 3800 Little Mountain Road Gastonia, North Carolina Project Number 06630-240 March 2009 Prepared By: AECOM North Carolina, Inc. t,01-1 IZ54Ad-4 '��! Christoph Brownfield ���n�����n,,'it Staff Engineer H Cq �. ;��0: Q�oFEssio�,•l�� , i SEAL9�'s�'= 8547 Dean Robinson, P.E. ,eliNlu wru kr Structural Engineer .JP 0 XL essitod' �: QQ ; ° SEAL 027801 Ma ew J. Zenker, PCD., P. �,--see •1,�i� Environmental Engineer J. r► ..f RECEIVED %009 p�pF W ATF9 Michael F. Easley, Governor L "WihiatrirG. Ross Jr., Secretary r North Carolina Departmenvironment and Natural Resout'tes Alan W. Klimek, P.E. Viteq Division of Water Qualit December 15, 2006 DEC 2 8 200, Mr. Christopher Milici Textron, Inc. 40 Westminster Street u Providence, RI 029093 W,� ro 1 AC Subject: Issuance of N d L JLCt1®0 Permit NCO084662 Textron, Inc. GWR / WWTP Gastonia County Dear Mr. Milici: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). This permit contains no significant changes from the draft permit sent to you on October 11, 2006. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Bob Guerra at telephone number (919) 733-5083, extension 539. Sincerely, ,� L 0o"lan W. Klimek, P.E. Enclosure: NPDES Permit NCO084662 cc: Ms. Stacey A. Davidson, Project Manager ENSR Consulting & Engineering 7041 Old Wake Forest Road, Suite 103 Raleigh, North Carolina 27699 DWQ Aquatic Toxicology Unit NPDES Unit One Carolina Central Files Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www.ncwate[quality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/l0% Post Consumer Paper Permit NCO084662 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Textron, Inc. is hereby authorized to discharge wastewater from a facility located at the Textron, Inc. 3800 Little Mountain Road Gastonia Gastonia County to receiving waters designated as Unnamed Tributary to Crowders Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective February 1, 2007. This permit and authorization to discharge shall expire at midnight on August 31, 2010. Signed this day December 15, 2006. C-A 4L,-, O-Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO084662 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Textron, Inc Wastewater Treatment Plant (Groundwater Remediation) is hereby authorized to: 1. Continue to operate an existing 0.30 MGD groundwater treatment facility consisting of three air strippers (two primary and one air stripper maintained as a stand-by unit). The facility is located at 3800 Little Mountain Road, Gastonia, North Carolina. 2. Discharge from said treatment works at the location specified on the attached map into an UT to Crowders Creek, Class C water located in the Catawba River Basin. Permit NC0084662 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT. CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Average Weekly Avera a Daily Maximum Measurement Frequency Sample Type Sample Location Flow' 0.30 MGD Monthly Recording Effluent pH2 2/Month Grab Effluent Methylene Chloride Quarterly Grab Effluent Chronic Toxicity3 Quarterly Composite Effluent Footnotes: 1. All volumes of wastewater leaving the facility shall be monitored. Flow may be measured using a flow -totalizing device. 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 3. Chronic Toxicity (Ceriodaphnia) at 66 %; January, April, July and October; refer to Special Condition A (2). There shall be no discharge of floating solids or visible foam in other than trace amounts Permit NCO084662 A. (2). CHRONIC TOXICITY PERMIT LIMIT (QRTRLY) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 66%. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The tests will be performed during the months of January, April, July and October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP313 for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. NPDES Permit Requirements Page 1 of 16 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definition 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. Week Samples are collected three times per week on three separate calendar days. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. B ass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 nil in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval This method may only be used in situations where effluent flow rates vary less than 15 percent. The grab samples shall be taken at intervals of no greater than 20 minutes apart during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method requires prior approval by the Director. Version 51112006 NPDES Permit Requirements Page 2 of 16 In accordance with (4) above, influent grab samples shall not be collected more than once per hour. Effluent grab samples shall not be collected more than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the system in number of days. However, the interval between effluent grab samples may not exceed six hours nor the number of samples less than four during a 24-hour sampling period Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily DischaW The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.3) Daily Maximum The highest "daily discharge" during the calendar month for conventional and other non -toxicant parameters. NOTE: Permittees may not submit a "daily average" calculation for determining compliance with permit limits for toxicants. See the relevant Federal effluent guideline[s] for the appropriate calculation interval. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. The Division expects that sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWO or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. Facility Closure The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage under the NPDES. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection leveI]'D shall be considered =1. Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Version 51112006 NPDES Permit Requirements Page 3 of 16 Monthly Average (concentration limit The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limijt The average of all samples taken over a calendar quarter. Severe prop= damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)0) of the Clean Water Act. Uuset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limitl The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. ection B. General Condition 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a) (2)] c. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)] Version 51112006 NPDES Permit Requirements Page 4 of 16 d. Any person who knmvingl violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(1) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. [40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g,)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 51112006 NPDES Permit Requirements Page 5 of 16 7. Severabili The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23). 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Pennittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10.. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days .prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. S Ma Q,r Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only i£ 1. The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 51112006 NPDES Permit Requirements Page 6of16 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]: "1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (0]. 13. Permit Modification- Revocation and Reissuance. or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. A 14. Annual Administering and CoMliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must ➢ Visit the facility at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must ➢ Visit the facility at least daily, excluding weekends and holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system Version 51112006 NPDES Permit Requirements Page 7 of 16 b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)]• 4. BMassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41 (m) (3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part H. E. 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. 0) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that Version 51112006 NPDES Permit Requirements Page 8 of 16 noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset, (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) of this permit (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. c. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124 — Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records RgFresentative Samplinv Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 4 l.l, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 51112006 NPDES Permit Requirements Page 9 of 16 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. ' 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act (as Amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for T—=erinkg The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including. ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.411: a. The date, exact place, and time of sampling or measurements; b. The individua(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; Version 51112006 NPDES Permit Requirements Page 10 of 16 e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required bylaw, to; . a. Enter upon the Pemzittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this Pit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41 (1)]. Notice is required only when: . a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) (1). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)]. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.41 (1) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. Version 51112006 NPDES Permit Requirements Page 11 of 16 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 (1) (6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.41 (1) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41 (1) (8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following. a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of Version 51112006 NPDES Permit Requirements Page 12 of 16 not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to the planes treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Tonic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (i) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter 0 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent Version 51112006 NPDES Permit Requirements Page 13 of 16 adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNCIPAL FACILITIES Section A. Publicly Owned Treatment Works (POTWs) All POTWs must provide adequate notice to the Director of the following 1. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. Section B. Municipal Control of Pollutants from Industrial Users. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment system: a. Pollutants. which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such Discharges; C. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in Interference; d. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; e. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; h. Any trucked or hauled pollutants, except at discharge points designated by the POTW. 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Version 51112006 NPDES Permit Requirements Page 14 of 16 Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15A NCAC 2H .0907(b). 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section C. Pretreatment Programs Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications there of. Such operation shall include but is not limited to the implementation of the following conditions and requirements: Sewer Use Ordinance (SUOI The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. 2. Industrial Waste Survey(IWSI The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection system at least once every five years. 3. Monitoring Plan The Permittee shall implement a Division approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.S). 4. Headworks Analysis anM and Local Limits The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Pemuttee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 2H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H .0909. Industrial User Pretreatment Permits ajZ & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which su nnnarizes the results of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits (IUP). Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. Version 51112006 NPDES Permit Requirements Page 15 of 16 6. Authorization to Construct (A to Q The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. 7. POTW Inspection & Monitoring of their SIUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year, and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit - limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled once per calendar year, 8. SIU Self Monitoring and ftprtLng The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment Unit 1617 Mail Service Center Raleigh, NC 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following: a.) Narrative A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in Significant Non -Compliance (SNC); b.) Pretreatment Program Summary (PPS= A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Significant Non -Compliance Report (SNM The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summary Forms DSE) Ve►sion 6202003 NPDES Permit Requirements Page 16 of 16 Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non -Compliance (SNC) as defined in the Permittee's Division approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period This list shall be published within four months of the applicable twelve-month period 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H .0907. Version 620l2003 SOC PRIORITY PROJECT: No To: NPDES Unit Water Quality Section Attention: Frances Candelaria Date: April 19, 2006 NPDES STAFF REPORT AND RECOMMENDATIONS County: Gaston MRO No.: 06-03 Permit No. NCO084662 PART I - GENERAL INFORMATION 1. Facility and address: Textron, Inc. 40 Westminister Street Providence, RI 02903 2. Date of on -site investigation: April 5, 2006 3. Report prepared by: Michael L. Parker, Environ. Engr. II 4. Persons contacted and telephone number: Ms. Stacey Davidson, ENSR (919) 872-6600. 5. Directions to site: From the intersection of US Hwy 321 and SR 2412 (Little Mountain Road) south of Gastonia, travel east on SR 2412 approximately 0.2 mile. Textron is located on the left side of SR 2412. 6. Verified discharge point(s), list for all discharge points: Latitude: 35 ° 12' 45" Longitude: 81 ° I l' 29' Attach a USGS map extract and indicate treatment facility site and discharge point on map. USGS Quad No.: G 14 NW 7. Site size and expansion area consistent with application? Yes. There is area available for the construction of additional treatment facilities, if necessary. 8. Topography (relationship to flood plain included): Gently sloping towards the receiving stream (the site is not located in a flood plain). 9. Location of nearest dwelling: None within 300+ feet of the site. Page Two 10. Receiving stream or affected surface waters: UT to Crowders Creek a. Classification: C b. River Basin and Subbasin No.: Catawba 030837 C. Describe receiving stream features and pertinent downstream uses: Small creek with muddy bottom and flat to moderate stream gradient. General "C" classification uses downstream. Other known dischargers are located below this facility. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS Existing Treatment Facility a. Current permitted capacity: 0.300 MGD. b. Date(s) and construction activities allowed by previous ATCs issued in the previous two (2) years: There have been no ATCs issued in the past two years. C. Actual treatment capacity of the current facility (design volume): 0.300 MGD. d. Description of existing or substantially constructed WWT facilities: The existing WWT facilities consists of three (3) air strippers (two primary air strippers and one air stripper maintained as a stand-by unit). 2. Type of proposed treatment facility: There are no proposed treatment facilities. 3. Residuals Handling and Utilization/Disposal Scheme: No residuals generation is expected. 4. Treatment Plant Classification: Class I 5. SIC Code(s): 9999 Wastewater Code(s): 66 Main Treatment Unit Code: 55000 6. Important SOC/JOC or Compliance Schedule Dates: N/A PART III - EVALUATION AND RECOMMENDATIONS The applicant, Textron, Inc., requests that the subject permit be renewed. There have been no changes to the permit and/or the existing GW remediation facilities since the permit was last renewed. Pending a technical review and approval by the NPDES Unit, it is recommended that the permit be renewed as requested. Signature of Report Preparer Dater' Water Quality Regi al Supervisor Date h:\dsr\dsr01 \textron. dsr Jr� brSch GJ \l�`'S — Union RoMir792 \ Awm p. J - Ill Qom'. _9/fX. 1I - • • /L /. �•.�. s_✓- 4001 \"sow" \ �. " T eater.—•, S1TE C.I Cemr, 786 DI1SCH- \ \ .� , is / \`\. _ /' 1 :• : l �I _ ��� — ' �.. "Sub tatioa S 4y�y _ �/•,7 1 M � I�' : � i� � �_ if � - `/ � �n•, j�I ✓ � �/i/�'yi: 1j 24121 -,>, . 73 it SOURCE: USGS 7-1/2 Minute Series Maps: EMIXTu Gastonia South, NC Topographic Quadrangle ENSR CONSULTING AND ENGINEERING SCALE N SITE LOCATION MAP low 0 low 20M f000 TEXTRON, INC. Goslonia, North Corollno (in feel) DRAWN: jmr DATE: 09/19/95 PROJECr NUMBER REV APPV'D: I nLE: OMCP—OOt.drg 6 6 3 0- 0 5 6 O�OF W ATFgQG Michael F. Easley, Governor William G. Ross Jr., Secretary co r O North Carolina Department of Environment and Natural Resources O b � UMNan. OF � DirectorE. ater AM J Quality rro ce k� p n, 1 r - - !q( OFFICE March 8, 2006 MAR 1 0 2006 Ms. Stacey A. Davidson Project Manager ENSR 7041 Old Wake Forest Road, Suite 103 Raleigh, NC 27616-3013 Dear Ms. Davidson: WATER QUA RM Subject: Receipt of permit renewal application NPDES Permit NCO084662 Textron remediation site Gaston County The NPDES Unit received your permit renewal application on March 8, 2006. A member of the NPDES Unit will review your application. They will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. If you have any additional questions concerning renewal of the subject perrnit, please contact me at (919) 733-5083, extension 520. Sincerely, r Frances Candelaria Point Source Branch cc: CENTRAL FILES n / rra �.C77YTora [S'I,.4e« D,..,tPrtinn 5 NPDES Unit Noe Carolina �tura!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www.ncwatergualily.ora Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal OpportunitylAffirmative Action Employer— 50% Recycled110% Post Consumer Paper �AECOM ENSR 7041 Old Wake Forest Road, Suite 103, Raleigh, North Carolina 27616-3013 T 919.872.6600 F 919.872.7996 www.ensr.aecom.com t�' h2 - 8 2006 March 2, 2006 Mr. Charles H. Weaver, Jr. NCDENR — NPDES Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Re: Request for Renewal of NPDES Permit NCO084662 — Textron, Inc. in Gaston County Dear Mr. Weaver: On behalf of Textron, Inc., ENSR Consulting and Engineering (NC), Inc. is requesting renewal of NPDES Permit NCO084662 for the groundwater treatment system located at the former Textron facility in Gastonia, Gaston County, North Carolina. No changes or additions have been made to the system as covered by the current permit. The treatment system consists of two air stripping units designed to remove volatile organic compounds from groundwater received from several recovery wells located in the area. A third air stripping unit is available as a stand-by unit, but is not currently connected to the treatment system. No solids or sludges are generated by the treatment process. Therefore, no special handling or disposal of generated solids/sludges is required. Attached are the required application and documentation necessary for renewal of the permit. If you have any questions regarding this application for renewal please contact either Stacey Davidson or David Simpson at (919) 872-6600. Sincerely ENSR Consulting and Engineering (NC), Inc. Stacey A. Davidson David H. impson, G. Project Manager Program Manager Attachments cc: C. Milici, Textron File NPDES PERMIT APPLICATION - SHORT FORM GGW To be filed by persons engaged in groundwater remediation projects N. C. DENR / Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES PermitNC00 84662 Please print or type 1. Applicant and facility producing discharge A. Name Textron, Inc. B. Mailing address of applicant: Contact Person Mr Christopher Milici Street address 40 Westminster S - City Prov d n County State RI Zip Code 02903 Telephone Number ( 401 ) 457-3976 Fax Number ( ) e-mail address: cmilici@Textron.com — C. Location of facility: Street 3800 Litt, ^ Mountain Road City Gastonia, County Gaston State NC Zip Code 2805 Telephone Number ( ) N/A Fax Number ( L N/A 2. Standard Industrial Classification (SIC) code(s) (if known): 3. This application is for a: ❑ New Permit ® Permit Renewal ❑ Permit Modification 4. Product(s) recovered (circle all that apply): Gasoline Diesel fuel Solvents Other (describe) 5. (a) Check here if discharge occurs all year ®, or (b) Circle the month(s) in which discharge occurs: January February March April May June July August September October November December (c) Days per week discharge occurs: 7 6. Volume of wastewater discharged to receiving stream(s): 73,000 (Monthly Averages GPD* 'Gallons per operating day 7. Check here if wastewater is discharged directly to the receiving stream(s) If not, state the specific discharge location: Mark the path taken by the wastewater to the receiving stream(s) on the site map. If a storm sewer is the only viable means of discharge, trace the route of the storm sewer to its discharge point(s). Short Form C-GW Version 512004 Textron Inc. Mr. Robert Farmer . Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Janus 11, 2001 40 Westminster Street January Providence, RI 02903-2596 (401) 421-2800 RE: REQUEST FOR DMR SIGNATURE AUTHORITY CHANGE Textron, Inc. John Deere Consumer Products, Gaston County, North Carolina NPDES Permit No. NC0084662 Dear Mr. Farmer: As the Permittee and as a representative of Textron, Inc. I am requesting that the signature authority for. the above referenced facility be delegated to the ENSR Consulting and Engineering (NC), Inc., Senior Project Manager for the former Textron Facility in Gastonia (currently David H. Simpson, P.G.), a duly authorized representative of Textron, Inc. Effective beginning with the January 2001 DMR, this representative will serve to review, determine compliance status, and certify by signature monthly monitoring reports. I recognize that pursuant to 15A NCAC 2B .0506. (b) (2) (D), that the process of authorizing another individual or position to sign as a representative in no way relinquishes any responsibility for the permit or responsibility to remain familiar with the permit conditions, limits, including any modifications, and for the compliance data reports for the permit. If you have any questions regarding this request please contact me at (401) 457-2363. Thank you. Sincerely, John ICandier Permittee Manager, EHS Textron Inc. Cc: David Simpson / ENSR _ aceAnalytical mvw.. pacelabs.com January 12, 2006 No. Stacey Davidson ENSR C&E 7041 Old Wake Forest Rd. Suite 103 Raleigh, NC 27616 RE: Lab Project Number: 92110213 Client Project ID: Textron Gastonia/06630120222 Dear Ms. Davidson: Pace Analytical Services, Inc. 9800 Kincey Avenue, Suite 100 Huntersville, NC 28078 Phone: 704.875.9092 Fax: 704.875.9091 Pace Analytical Services, Inc. 2225 Riverside Drive Asheville, NC 28804 Phone: 828.254.7176 fax. 828.252.4618 Enclosed are the analytical results for sample(s) received by the laboratory on December 23, 2005. Results reported herein conform to the most current NELAC standards, where applicable, unless otherwise narrated in the body of the report. Inorganic Wet Chemistry and Metals Analyses were performed at our Pace Asheville laboratory and Organic testing was performed at our Pace Charlotte laboratory unless otherwise footnoted. If you have any questions concerning this report please feel free to contact me. Sincerely, Sherri Stahel Sherri.Stabel@pacelabs.com Project Manager Enclosures Asheville Certification Qs Charlotte Certification IDs NC Wastewater 12 Drinking Water 3 sC 99006 FL NELAP E87627 REPORT OF LABORATORY ANALYSIS NC Wastewater 40 This report shall not be reproduced, except in full, NC Drinking Water 37712 wbout the written consent of Pace Analytical Serves, Inc. SC Environmental 99030 FL NELAP E87648 �''%.�1 I l�Tdt.1� aceAnalytical w:nv. pacelabs.com Lab Sample No: 926481458 Client Sample ID: ODTFALL 001 Pace Analytical Services, Inc. 9800 Kincey Avenue, Suite 100 Huntersville, NC 28078 Phone: 704.875.9092 Fax 704.875.9091 Pace Ans"al Services, Inc. 2225 Riverside Drive Asheville, NC 28804 Phone: 828.254.7176 fax: 828.252.4618 Lab Project Number: 92110213 Client Project ID: Textron Gastonia/06630120222 Project Sample Number: 92110213-007 Date Collected: 12/23/05 07:55 Matrix: Water Date Received: 12/23/05 11:45 Parameters Results Units Report Limit Analyzed By CAS No. Qua1 Reg-Lmt GC Volatiles Halogen. a Aromatic Vol. Orge. Method: EPA 8021 Broswdichloromethane ND ug/l 1.0 12/31/05 01:05 PPM 75-27-4 Bromoform ND ug/1 1.0 12/31/05 01:05 PPM 75-25-2 Bromomethane ND ug/l 1.0 12/31/05 01:05 PPM 74-83-9 Carbon tetrachloride ND ug/l 1.0 12/31/05 01:05 PPM 56-23-5 Chlorobenzene ND ug/l 1.0 12/31/05 01:05 PPM 108-90-7 Chloroethane ND ug/1 1.0 12/31/05 01:05 PPM 75-00-3 Chloroform ND ug/l 1.0 12/31/05 01:05 PPM 67-66-3 Chloromethane ND ug/1 2.0 12/31/05 01:05 PPM 74-87-3 Dibromochloromethane ND ug/l 1.0 12/31/05 01:05 PPM 124-48-1 1,2-Dichlorobenzene ND ug/1 1.0 12/31/05 01:05 PPM 95-50-1 1,3-Dichlorobenzene ND ug/l 1.0 12/31/05 01:05 PPM 541-73-1 1,4-Dichlorobenzene ND ug/l 1.0 12/31/05 01:05 PPM 106-46-7 Dichlorodifluoromethane ND ug/l 1.0 12/31/05 01:05 PPM 75-71-8 1,1-Dichloroethene 5.1 ug/l 1.0 12/31/05 01:05 PPM 75-34-3 1,2-Dichloroethane ND ug/l 1.0 12/31/05 01:05 PPM 107-06-2 1,1-Dichloroethene 8.4 ug/l 1.0 12/31/05 01:05 PPM 75-35-4 cis-1,2-Dichloroethene 6.9 ug/l 1.0 12/31/05 01:05 PPM 156-59-2 trans-1,2-Dichloroethene ND ug/l 1.0 12/31/05 01:05 PPM 156-60-5 1,2-Dichloropropane ND ug/l 1.0 12/31/05 01:05 PPM 78-87-5 cis-1,3-Dichloropropene ND ug/1 1.0 12/31/05 01:05 PPM 10061-01-5 trans-1,3-Dichloropropene ND ug/1 1.0 12/31/05 01:05 PPM 10061-02-6 Methylene chloride ND ug/l 2.0 12/31/05 01:05 PPM 75-09-2 1,1,2,2-Tetrachloroethans ND ug/l 1.0 12/31/05 01:05 PPM 79-34-5 Tetrachloroethene ND ug/l 1.0 12/31/05 01:05 PPM 127-18-4 1,1,1-Trichloroethene 13. ug/1 1.0 12/31/05 01:05 PPM 71-55-6 1,1,2-Trichloroethene ND ug/1 1.0 12/31/05 01:05 PPM 79-00-5 Trichloroethene 22. ug/1 1.0 12/31/05 01:05 PPM 79-01-6 Trichlorofluoromethane ND ug/l 1.0 12/31/05 01:05 PPM 75-69-4 Vinyl chloride ND ug/l 1.0 12/31/05 01:05 PPM 75-01-4 1-Chloro-3-fluorobenzene (S) 108 % 12/31/05 01:05 PPM 625-98-9 Date: 01/12/06 ille Gertffication IDs REPORT OF LABORATORY ANALYSIS NC Wastewater 40 This report shall not be reproduced, except in full, NC Drinking Water 37712 without the written eenserd of Pace AnaWkW Servkes, Inc. SC Environmental 99030 I'L NELAP E87648 Charlotte Certification IDs NC Wastewater 12 NC Drinking Water 37706 SC 99006 FL NELAP E87627 Page: 7 of 17 aceAnalytical '" vnnv pacelabs.com i PARAMETER FOOTNOTES Pace Anaylical Services, Inc. 9800 Kincey Avenue, Suite 100 Huntersville, NC 28078 Phone: 704.875.9092 Fax. 704.875.9091 Pace Analytical Services, Inc. 2225 Riverside Drive Asheville, NC 28804 Phone: 828.254.7176 Fax: 828.252.4618 Lab Project Number: 92110213 Client Project ID: Textron Gastonia/06630120222 Method 9071B modified to use ASE. All pH, Free Chlorine, Total Chlorine and Ferrous Iron analyses conducted outside of EPA recommended immediate hold time. Depending on the moisture content the PRLs can be elevated for all soil samples reported on a dry weight basis. 2-Chloroethyl vinyl ether has been shown to degrade in the presence of acid. ND Not detected at or above adjusted reporting limit NC Not Calculable J Estimated concentration above the adjusted method detection limit and below the adjusted reporting limit MDL Adjusted Method Detection Limit (S) Surrogate Date: 01/12/06 Asheville Certification IDs REPORT OF LABORATORY ANALYSIS NC Wastewater 40 This report shall not be reproduced, except in full, NC Drinking Water 37712 without the written consent of Pace Analytical Services, Inc. SC Environmental 99030 • ••• FL NELAP E87648 Charlotte Certification IDs NC Wastewater 12 NC Drinking Water 377D6 Sc 99006 FL NEAP E87627 Page: 11 of 17 aceAnalytical www.pacelabs.com i Pace Anstylical Services, Inc. 9800 KinceyAvenue, Suite 100 Huntersville, NC 28078 Phone: 704.875.9092 Fax.704.875.9091 QUALITY CONTROL DATA Pace Ana4fta/ Services, Inc. 2225 Riverside Drive Asheville, NC 28804 Phone. 828.254.7176 Fax. • 828.252.4618 Lab Project Number: 92110213 Client Project ID: Textron Gastonia/06630120222 QC Batch: 146231 Analysis Method: EPA 8021 QC Batch Method: EPA 8021 Analysis Description: Halogen. E Aromatic Vol. Orgs. Associated Lab Samples: 926481391 926481409 926481417 926481425 926481433 926481441 926481458 926481466 926481474 926481482 METHOD BLANK: 926496431 Associated Lab Samples: 926481391 926481409 926481417 926481425 926481433 926481441 926481458 926481466 926481474 926481482 Blank Reporting Parameter Units Result Limit Footnotes Bromodichloromethane ug/1 ND 1.0 Bromoform ug/1 NO 1.0 Bromomethane ug/1 ND 1.0 Carbon tetrachloride ug/1 ND 1.0 Chlorobenzene ug/1 ND 1.0 Chloroethane ug/1 ND 1.0 Chloroform ug/1 ND 1.0 Chloromethane ug/1 ND 2.0 Dibromochloromethane ug/1 ND 1.0 1,2-Dichlorobenzene ug/1 ND 1.0 1,3-Dichlorobenzene ug/1 ND 1.0 1,4-Dichlorobenzene ug/1 ND 1.0 Dichlorodifluoromethane ug/1 ND 1.0 1,1-Dichloroethane ug/1 ND 1.0 1,2-Dichloroethane ug/1 ND 1.0 1,1-Dichloroethene ug/1 NO 1.0 cis-1,2-Dichloroethene ug/1 ND 1.0 trans-1,2-Dichloroethene ug/1 ND 1.0 1,2-Dichloropropane ug/1 ND 1.0 cis-1,3-Dichloropropene ug/1 ND 1.0 trans-1,3-Dichloropropene ug/1 ND 1.0 Methylene chloride ug/1 ND 2.0 1,1,2,2-Tetrachloroethane ug/1 ND 1.0 Tetrachloroethene ug/1 ND 1.0 1,1,1-Trichloroethane ug/1 NO 1.0 1,1,2-Trichloroethane ug/1 ND 1.0 Trichloroethene ug/1 ND 1.0 Trichlorofluoromethane ug/1 ND 1.0 Vinyl chloride ug/1 ND 1.0 Date: 01/12/06 Asheville Certification IDs REPORT OF LABORATORY ANALYSIS NC Wastewater 40 This report shall not be reproduced, except in full, NC Drinking Water 37712 without the written consent of Pace Analytical Sen4m, Inc. SC Environmental 99030 FL NELAP E87648 ° `���•�•` Y�LJ1Af4�,` Charlotte Certification NC Wastewater IDs 12 NC Drinking Water 37706 SC 99006 FL NELAP E87627 Page: 12 of 17 aceAnalytical ' vn%v. pacelabs.com Pace Analytical Services, Inc. 9800 Kincey Avenue, Suite 100 Huntersville, NC 28078 Phone. 704.875.9092 FaX 704.875.9091 QUALITY CONTROL DATA Pace Analytical Services, Inc. 2225 Riverside Drive Asheville, NC 28604 Phone. 828.254.7176 Fax: 828.252.4618 Lab Project Number: 92110213 Client Project ID: Textron Gastonia/06630120222 METHOD BLANK: 926496431 Associated Lab Samples: 926481391 926481409 926481417 926481425 926481433 926481441 926481458 926481466 926481474 926481482 Blank Reporting Parameter Units Result Limit Footnotes 1-Chloro-3-fluorobenzene (S) 4 107 LABORATORY CONTROL SAMPLE: 926496449 Spike LCS LCS % Rec Parameter units Cone. Result % Rec Limits Footnotes Bromodichloromethane ug/l 20.00 17.39 87 80-134 Bromoform ug/1 20.00 20.44 102 71-137 Bromomethane ug/l 20.00 20.69 103 50-150 Carbon tetrachloride ug/1 20.00 18.62 93 70-125 Chlorobenzene ug/l 20.00 18.17 91 81-129 Chloroethane ug/l 20.00 21.29 106 52-144 Chloroform ug/l 20.00 18.95 95 74-131 Chloromethane ug/1 20.00 19.30 96 50-150 Dibromochloromethane ug/1 20.00 18.51 93 80-124 1,2-Dichlorobenzene ug/1 20.00 20.69 103 87-130 1,3-Dichlorobenzene ug/l 20.00 21.13 106 77-135 1,4-Dichlorobenzene ug/1 20.00 20.37 102 78-134 Dichlorodifluoromethane ug/l 20.00 20.00 100 50-150 1,1-Dichloroethane ug/l 20.00 19.30 96 50-150 1,2-Dichloroethane ug/1 20.00 20.74 104 80-121 1,1-Dichloroethene ug/1 20.00 18.74 94 55-133 cis-1,2-Dichloroethene ug/1 20.00 19.80 99 56-144 trans-1,2-Dichloroethene ug/l 20.00 18.82 94 56-141 1,2-Dichloropropane ug/l 20.00 19.40 97 75-128 cis-1,3-Dichloropropene ug/1 20.00 19.36 97 66-120 trans-1,3-Dichloropropene ug/l 20.00 21.25 106 58-126 Methylene chloride ug/l 20.00 19.77 99 57-147 1,1,2,2-Tetrachloroethane ug/l 20.00 19.51 98 79-131 Tetrachloroethene ug/l 20.00 19.32 97 75-135 1,1,1-Trichloroethane ug/l 20.00 20.25 101 74-133 1,1,2-Trichloroethane ug/l 20.00 19.29 96 81-134 Trichloroethene ug/l 20.00 18.66 93 71-135 Trichlorofluoromethane ug/l 20.00 19.59 98 62-141 Date: 01/12/06 REPORT Of LABORATORY ANALYSIS NC Wastewater 40 NC Drinking Water 37712 This report shall not be reproduced, except in full, without the written consent of Face Analytical SerWus, Inc. SC Environmental 99030 •� FL NELAP E87648 Charlotte Certtication Me NC Wastewater 12 NC Drinking Water 37706 SC 99006 FL NELAP E87627 Page: 13 of 17 _ aceAnalytical " vnmx pacelabs.com LABORATORY CONTROL SAMPLE: 926496449 Pace Analytical Services, Inc. 9800 Kincey Avenue, Suite 100 Huntersville, NC 28078 Phone: 704.875.9092 Fax: 704.875.9091 QUALITY CONTROL DATA Pace Analytical Services, Inc. 2225 Riverside Drive Ashewile, NC 28804 Phone. 828.254.7176 Fax., 828.252.4618 Lab Project Number: 92110213 Client Project ID: Textron Gastonia/06630120222 Spike LCS LCS % Rec Parameter Units Conc. Result Rec Limits Footnotes vinyl chloride ug/1 20.00 18.72 94 53-151 1-Chloro-3-fluorobenzene (S) 98 70-130 SAMPLE DUPLICATE: 926496472 926481458 DUP Max Parameter Units Result Result RPD RPD Bromodichloromethane ug/1 ND ND NC 30 Bromoform ug/1 ND ND NC 30 Bromomethane ug/1 ND ND NC 30 Carbon tetrachloride ug/1 ND ND NC 30 Chlorobenzene ug/1 ND ND NC 30 Chloroethane ug/1 ND ND NC 30 Chloroform ug/1 ND ND NC 30 Chloromethane ug/l ND ND NC 30 Dibromochloromethane ug/1 ND ND NC 30 1,2-Dichlorobenzene ug/1 ND ND NC 30 1,3-Dichlorobenzene ug/1 ND ND NC 30 1,4-Dichlorobenzene ug/1 ND ND NC 30 Dichlorodifluoromethane ug/1 ND ND NC 30 1,1-Dichloroethane ug/1 5.100 5.300 3 30 1,2-Dichloroethane ug/1 ND ND NC 30 1,1-Dichloroethene ug/1 8.400 8.600 3 30 cis-1,2-Dichloroethene ug/1 6.900 6.000 13 30 trans-1,2-Dichloroethene ug/l ND ND NC 30 1,2-Dichloropropene ug/1 ND ND NC 30 cis-1,3-Dichloropropene ug/1 ND ND NC 30 trans-1,3-Dichloropropene ug/1 ND ND NC 30 Methylene chloride ug/1 ND ND NC 30 1,1,2,2-Tetrachloroethane ug/1 ND ND NC 30 Tetrachloroethene ug/l ND ND NC 30 1,1,1-Trichloroethane ug/l 13.00 13.00 1 30 1,1,2-Trichloroethane ug/1 ND ND NC 30 Trichloroethene ug/1 22.00 21.00 1 30 Trichlorofluoromethane ug/1 ND ND NC 30 Date: 01/12/06 Asheville Certification IDs REPORT OF LABORATORY ANALYSIS NC Wastewater 40 This report shall not be reproduced, except in full, NC Drinking Water 37712 without the written consent of Pace Analytical Services, Inc. SC Environmental 99030 FL NELAP E87648 .,ll Footnotes Charlotte Certification IDS NC Wastewater 12 NC Drinking Water 37706 SC 99006 FL NELAP E87627 Page: 14 of 17 aceAnalytical ` www-pacelabs.com r l SAMPLE DUPLICATE: 926496472 Pace Analytical Services, Inc. 9800 Kincey Avenue, Suite 100 Huntersville, NC 28078 Phone: 704.875.9092 Fax. 704.875.9091 QUALITY CONTROL DATA Pace Analytical Services, Inc. 2225 Riverside Drive Asheville, NC 28804 Phone: 828.254.7176 Fax.828.252.4618 Lab Project Number: 92110213 Client Project ID: Textron Gastonia/06630120222 926481458 DUP Max Parameter Units Result Result RPD RPD Footnotes Vinyl chloride ug/1 ND ND NC 30 1-Chloro-3-fluorobenzene (S) % 108 108 Date: 01/12/06 heville Certification IN REPORT OF LABORATORY ANALYSIS NC Wastewater 40 This report shall not he reproduced, except in full, NC Drinking Water 37712 without the written consent of Pace Analytical Services, Inc. SC Environmental 99030 FL NELAP E87648 •` Charlotte Certification IDs NC Wastewater 12 NC Drinking Water 37706 Sc 99006 FL NELAP E87627 Page: 15 of 17 aceAnalytical " vnnv. pacelabs.com QUALITY CONTROL DATA PARAMETER FOOTNOTES Pace Analytical Services, Inc. 9800 Kincey Avenue, Suite 100 Huntersville, NC 28078 Phone: 704.875.9092 Fax 704.875,9091 Pace Analytical Services, Inc. 2225 Riverside Drive Asheville, NC 28804 Phone. 828.254.7176 Fax 828.252.4618 Lab Project Number: 92110213 Client Project ID: Textron Gastonia/06630120222 Consistent with EPA guidelines, unrounded concentrations are displayed and have been used to calculate % Rec and RPD values. LCS(D) Laboratory Control Sample (Duplicate) MS(D) Matrix Spike (Duplicate) DUP Sample Duplicate ND Not detected at or above adjusted reporting limit NC Not Calculable J Estimated concentration above the adjusted method detection limit and below the adjusted reporting limit MDL Adjusted Method Detection Limit RPD Relative Percent Difference (S) Surrogate Date: 01/12/06 Asheville Certification Ills REPORT OF LABORATORY ANALYSIS NC Wastewater 40 This report shalt not be reproduced, except in full, NC Drinking Water 37712 without the written consent of Pace Analytical services, Inc. SC Environmental 99030 FLNELAP E87648y.��+��r.''. I.JG�Ll3.'c Charlotte Certification IDs NC Wastewater 12 NC Drinking Water 37706 SC 99D06 FL NELAP E87627 Page: 16 of 17 aceAnalytical ' wrnx pacelabs.com l f Lab Sample No Client Sample Identifier -------------- Identifier -------------- 926481391 EW-1 926481409 EW-2 926481417 EW-3 926481425 M14-10I 926481433 MW-15I 926481441 MW-16I 926481458 OUTFALL 001 926481466 DUPLICATE 926481474 EQUIPMENT BLANK 926481482 TRIP BLANK Date: 01/12/06 Pace Analytical Services, Inc. Pace Analytical Services, Inc. 9800 KinceyAvenue, Suite 100 2225 Riverside Drive Huntersville, NC 28078 Asheville, NC 28804 Phone: 704.875.9092 Phone: 828.254.7176 FaX 704.875,9091 Fax- 828.252.4618 QUALITY CONTROL DATA CROSS REFERENCE TABLE Lab Project Number: 92110213 Client Project ID: Textron Gastonia/06630120222 Analytical QC Batch QC Batch Analytical Batch Method Identifier Method Identifier --------------- ---------- --------------- ---------- EPA 8021 146231 EPA 8021 146231 EPA 8021 146231 EPA 8021 146231 EPA 8021 146231 EPA 8021 146231 EPA 8021 146231 EPA 8021 146231 EPA 8021 146231 EPA 8021 146231 Asheville Certification IDs REPORT OF LABORATORY ANALYSIS Charlotte Certification IDs NC Wastewater 40 This report shall not be reproduced, except in full, NC Wastewater 12 NC Drinking Water 37712 without the written consent of Pace Analytical Services, Inc. NC Drinking Water 377D6 SC Environmental 90030 SC 99006 FL NELAP E87648 �`'' FL NELAP E87627 Page: 17 of 17 �OF W A'r RQ Michael F. Easley, Governor William G. Ross Jr., Secretary 6\7 North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality October 11, 2006 Mr. Christopher Milici Textron, Inc. 40 Westminster Street Providence, RI 029093 Subject: Draft - NPDES Permit NCO084662 Textron, Inc. GWR / WWTP Gastonia County Dear Mr. Milici: This letter transmits your draft NPDES individual discharge permit for the above referenced facility. Pursuant to your March 8, 2006 permit renewal application, this draft permit renewal contains no changes from your existing NPDES permit. Concurrent with this transmittal, the Division will solicit public comment on this draft by publishing a notice in newspapers having circulation in the general Gastonia County area, as required by EPA. Should you wish to correct errors or provide written comments regarding this draft, if any, please contact the DENR / DWQ / NPDES Program no later than 30 days after receiving this document. Please review this draft carefully to ensure thorough understanding of the information, conditions, and requirements contained therein. Following the 30-day public comment period, the Division will review all pertinent comments and take appropriate action prior to issuing a final NPDES permit. If you have questions concerning the draft permit for your facility, please contact me by e-mail, bob.guerra@ncmail.net, or call me at (919) 733-5083, extension 539. Respectfully, Robert L. Guerra NPDES, Western Program Enclosure: NPDES Permit NCO084662 (DRAFT) C Ms. Stacey A. Davidson, Project Manager ENSR Consulting & Engineering 7041 Old Wake Forest Road, Suite 103 Raleigh, North Carolina 27699 DWQ Aquatic Toxicology Unit AM OPAL R -RMS OCT 1 2_ 200- .t,' WAS QUALITY SECTION North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Internet: www.ncwatergualit LM Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 NorthCarolina Naturally Customer Service 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Permit NCO084662 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, is tt the to receiving waters designated as Unnamed Tributary to Crowders Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective. This permit and authorization to discharge shall expire at midnighi on September 30, 2011. Signed this day. DRAFT Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0084662 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. 1 K Continu to op consisti of thr a stand Y< unit) . The facile is map in Basin. Textron, Inc Wastewater Treatment Plant (Groundwater Remediation) is hereby authorized to: to it facility tained as Carolina. the attached atawba River ti fl � /ice • � 1 _ 4 " ° + q, im �.. Textron, Inc. i Outfall 11 Textron, Inc. Facility Textron GWR / WWTP Location Latitude: 35° 12' 45" N State Grid: South Gastonia not to scale Longitude: 81° 11' 29" W Permitted Flow: 0.30 MGD Receiving Stream: UT to Crowders Creek Drainage Basin: Catawba River Basin ]� ], NPDES Permit No. NCO084662 Stream Class: C Sub -Basin: 03-08-37 1 V o rt Gaston County Permit NCO084662 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — DRAFT During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFL'UENT�, LIMITS MONITORING REQUIREMENTS, CHARACTERISTICS Monthly Weekly Daily Measurement Sample Type Sample Location Average Avera 'e Maximum Frequency Flow' 0.30 MGD Monthly Recording Effluent pH2 2/Month Grab Effluent Methylene Chloride Quarterly Grab Effluent Chronic Toxicity3 Quarterly Composite Effluent f Footnotes: Fthan l. All volum of avast at ' the fa lity . 4 allred. s ow may be measured ng a flo of vice. ` 2. The pH sh not be 1 6.0 s dar ni sn e.0 std d units. 3. Chronic T ' oda ia) at ° Janu p , July and O er; refer to Special Co cg). There shall be no discharge of floating solids or visible foam in other than trace amounts Permit NCO084662 A. (2). CHRONIC TOXICITY PERMIT LIMIT (QRTRLY) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 66%. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The tests will be performed during the months of January, April, July and October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Efity Te§'{4eed (Revised-Feuary 199e°n� f, All toxicity testinid, Its req "` as ,.x, of this ' it cond' ` '' X ill be a ed on the Effluen' ischarge Monitoring Form1) for th ont ,_ which t were " ed, usi r the parameter coda. GP3B for the pass/fail resultTHP313 =o the on ic Va Addi , J„' a ±` DWQ P._ rm AT-3 (origina A to be sent to the following a: A entin . b v .. ;ard ina Dion ater Completed AquaticAvo ici'to �;' all be iit wi he Envir r�enff Sciences Section ater than 30 days after the end o rept itiii pen ";} or which {'A is made.' t �r. r... N r� r. , q Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. DENR/DWQ FACT SHEET FOR NPDES PERMIT DEVELOPMENT NPDES No. NCO084662 Facility Information Applicant/Facility Name: Textron, Inc Applicant Address: 40 Westminster Street, Providence, Rhode Island 02903 Facility Address: 3800 Little Mountain Road, Gastonia Permitted Flow 0.30 MGD (Design Capacity) Type of Waste: Ground Water Remediation Facility/Permit Status: Renewal County: Gaston Miscellaneous Receiving Stream: UT to Crowders Creek Regional Office: MRO Stream Classification: C Catawba River Basin Quad Gastonia South 303 d Listed?: Subbasin: Yes -Fecal Coliform 03-08-37 Permit Writer: Date: R. Guerra November 3, 2006 Drainage Area mil : 1.4 — Storm Sewer Summer 7Q 10 cfs 0.24 Winter 7Q 10 cfs : 0 Average Flow cfs : 0 IWC Primary SIC Code: 6512 Summary: On September 30, 1999, the Division of Water Quality issued NPDES Per No. NC0084662 to Textron, Inc., to operate an existing Ground Water Remediation System (GWR) with a design capacity of 0.3 MGD. The GWR is located at the former Textron facility in Gastonia, NC. This permit was renewed on November 13, 2001 with minor changes from the initial permit of 1999. On March 2, 2006, Textron applied to renew the NPDES permit. The application cited no changes or additions to the system since the existing permit was issued. Facility Description: The facility operates a GWR designed to remove volatile organic compounds from groundwater received from several recovery wells located at the former Textron facility in Gastonia, NC. The GWR consists of two air -stripping units with a third air -stripping unit available as a backup. The treatment process generates no solids or sludge's; therefore, no special handling or disposal of generated solids/sludge's is required. Basin Plan: The UT to Crowders Creek is listed in the 303(d) list for biological impairment due to Fecal Coliform. Compliance Review: Whole Effluent Toxicity (WET) Test: Quarterly sampling data was reviewed from February 2002 to July 2006. The only toxicity test failure was reported on July 2005 with subsequent October 2005 results showing compliance. NPDES Permit NCO084662 Page 1 I9MR Instream and Effluent Data Review: The average flow for the period of January 2001 to April 2006 was 0.073 MGD (24 % of permitted flow). Methylene chloride was reported at < .002 mg/1 during this permit cycle with pH reported within permit limits for all samples. Correspondence Staff Report: Mooresville Regional Staff Engineer Michael Parker conducted a site inspection on April 5, 2006. The facility was found to be in compliance with the permit requirements at the time of inspection. The staff report prepared on April 19, 2006 recommends the reissuance of the permit. Proposed Modifications: There were no proposed modifications requested by the facility on the permit renewal submittal and none are proposed at this time. Proposed Schedule for Permit Issuance: Draft Permit to Public Notice: Public Notice by October 11, 2006 Permit Scheduled to Issue: Issue December 4, 2006 State Contact: If you have any questions on any of the above information or on the attached permit, please contact Bob Guerra at (919) 733-5038 ext. 539. NAME REGIONAL OFFICE COMMENT: NAME: DATE: NPDES Permit NCO084662 Page 2 NI AT�90G U; � Mr. John Kandler Textron, Inc. 40 Westminster St. Providence, Rhode Island 02903 Subject: Dear Mr. Kandler: Michael F. Easley Governor William G. Ross, Jr -Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality DIVISION OF WATER QUALITY November 26, 2001 NPDES Permit No. NCO084662 Textron, Inc. Gaston County, NC Our records indicate that NPDES Permit No. NCO084662 was issued on November 13, 2001 for the discharge of wastewater to the surface waters of the State from your facility. The purpose of this letter is to advise you of the importance of the Permit and the liabilities in the event of failure to comply with the terms and conditions of the Permit. If you have not already done so, it is suggested that you thoroughly read the Permit. Of particular importance is Page 4. Page 4 sets forth the effluent limitations and monitoring requirements for your discharge. Your discharge must not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon commencement of your discharge (or operation), you must initiate the required monitoring. The monitoring results must be entered on reporting forms furnished or approved by this Agency. If you have not received these forms, they should be arriving shortly. If you fail to receive the forms, please contact this Office as quickly as possible. I have enclosed a sample of the "Effluent" reporting form (DWQ Form MR-1), plus instructions for completing the form. It is imperative that all applicable parts be completed, and the original and one copy be submitted as required. Please be advised that an annual administering and compliance monitoring fee may be required for your facility. You will soon be receiving a statement from our Raleigh Office. It is imperative that the fee be paid in a timely manner so as to prevent enforcement action or possible revocation of your permit. The remaining parts of the Permit set forth definitions, general conditions and special conditions applicable to the operation of wastewater treatment facilities and/or discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. Also addressed are requirements for a certified wastewater treatment plant operator if you are operating wastewater treatment facilities. Any changes in operation of wastewater NCDENR — Customer Service 1 800 623-7748 Mooresville Regional Office, 919 North Main Street, Mooresville, NC 28115 PHONE (704) 663-1699 FAX (704) 663-6040 Mr. John Kandler November 26, 2001 Page No. 2 treatment facilities, quantity and type of wastewater being treated or discharged, expansions and/or upgrading of wastewater treatment facilities must be permitted or approved by this Agency. Failure to comply with the terms and conditions of an NPDES Permit subjects the Permittee to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil penalty of up to $25,000 per violation (and/or criminal penalties) may be assessed for such violations. If you find at any time that you are unable to comply with the terms and conditions of the Permit, you should contact this Office immediately. A Special Order by Consent (SOC) may be necessary while pursuing action to obtain compliance. As a final note, an NPDES Permit is normally issued for a five-year period. Permits are not automatically renewed. Renewal requests must be submitted to this Agency no later than 180 days prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page 1 of the Permit. Also note that NPDES Permits are .n�1 automatically transferable. If you, as the Permittee, cease to need this Permit, then you should request that the Division of Water Quality rescind the Permit or request that DWQ reissue the Permit to another party, if necessary. As mentioned previously, the purpose of this letter is to advise you of the importance of your NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in Mooresville if you have any questions or need clarification. We look forward to providing any assistance. Sincerely, Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure DRG: dee 0�04 WA T �RQG r Mr. John Kandler Textron, Inc. 40 Westminster St. Providence, Rhode Island 02903 Dear Mr. Kandler: Michael F. Easley Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Nitural Resources Gregory., Jr Thorpe, Ph.D. C t Acting Director Division of Water Quality November 13, 2001 NOV 2 1 2001 Subject: Issuance of NPDES Permit NCO084662 Textron Inc. Gaston County Division of Water Quality (Division) personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). In response to the letter from ENSR from June 18, 2001 requesting to reduce the frequency of flow measurement, the permit has been revised to allow monthly flow monitoring. This is consistent with similar facilities. Crowders Creek is listed as an impaired stream on North Carolina's 303(d) list. This means that the stream does not meet all water quality standards. Although no specific source is known to be the main contributor to this degradation, the Division will continue to monitor compliance at your facility. Ultimately, the removal of this discharge may be necessary. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. N. C. Division of Water Quality / NPDES Unit Phone: (919) 733-5083 1617 Mail Service Center, Raleigh, NC 27699-1617 fax: (919) 733-0719 Internet: h2o.enr.state.nc.us DENR Customer Service Center. 1 800 623-7748 NPDES Permit Issuance Letter Permit No. NCO084662 Textron Inc. Page 2 If you have any questions concerning this permit, please contact Teresa Rodriguez at telephone number (919) 733-5083, extension 595. Sincerely, Original Signed By David A. Goodrich Gregory J. Thorpe, Ph.D. Acting Director cc: NPDES Files Central Files Point Source Compliance and Enforcement Unit Aquatic Toxicology Unit Mooresville Regional Office - Water Quality 9 David H. Simpson - ENSR International rz I 2700 Wycliff Road Suite 200 Raleigh, NC 27606-3062 5 . It. Permit No. NCO084662 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Textron Inc. is hereby authorized to discharge wastewater from a facility located at Textron Inc. 3800 Little Mountain Road Gastonia Gaston County to receiving waters designated as Unnamed Tributary to Crowders Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. The permit shall become effective December 1, 2001. This permit and the authorization to discharge shall expire at midnight on September 30, 2006. Signed this day November 13, 2001. Original Signed By David A. Goodrich Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality By Authority of the Environmental,,Management Commission Permit No. NC0084662 SUPPLEMENT TO PERMIT COVER SHEET Textron, Inc Wastewater Treatment Plant is hereby authorized to: 1. Continue to operate an existing 0.30 MGD groundwater treatment facility consisting of two air strippers located at 3800 Little Mountain Road, Gastonia, Gaston County, discharging through outfall 001 and; 2. discharge from said treatment works into an UT to Crowders Creek, a Class C water in the Catawba River Basin, at the location specified on the attached map. r ..' d'! �� Permit No. NCO084662 SECTION A(1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge treated groundwater from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS MONITORING REQUIREMENTS Monthly Average Weekly Average Measurement Frequency Sample Type Sample Location Flow 0.3 MGD Monthly Recording, Effluent pH2 2/month Grab Effluent Methylene Chloride Quarterly Grab Effluent [Chronic Toxicity3 Quarterly Composite Effluent Notes: 1. Flow may be measured using a flow totalizing device. 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 3. Chronic Toxicity (Ceriodaphnia) at 66 %; January, April, July and October; refer to Special Condition A(2). There shall be no discharge of floating solids or visible foam in other than trace amounts. Permit No. NCO084662 A(2). CHRONIC TOXICITY PERIVIIT LBUT (QRTRLY) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 66 %. The permit holder shall perform at a minimum, quarterlu monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The tests will be performed during the months of January, April, July and October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised - February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: North Carolina Division of Water Quality Environmental Sciences Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re- opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. PART I (continued) Section B. Schedule of Compliance 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent ]Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. 3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority; The Director of the Division of Water Quality. 2. DEM or "the Division" Means the Division of Water Quality, Department of Environment and Natural Resources. 3. EMC Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Day Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. Part II Page 2 of 11 6. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. f. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8. Types of Samples a. Composite Sample: A composite sample shall consist of- (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or Part I1 Page 3 of 11 8. a. (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24-hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24-hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24-hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one 0). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 10. Calendar Dad A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance: A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant: A toxic pollutant is any pollutant listed as toxic under Section 307(a)(l) of the Clean Water Act. SECTION B. GENERAL CONDITIONS 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. Part 11 Page 4 of 11 1. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes § 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $125,000. 2. Duty to N itiggte The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures" (Part II, C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Prop = Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. Part Il Page 5 of 11 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this pemiit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. 9. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. 10. Expiration of Permit The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if- 0 The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part 11 Page 6 of 11 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modification. Revocation and Reissuance. or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. ] The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A NCAC Chapter 8G .0200. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, NCAC Chapter 8G .0200. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. 2. 'proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing of Treatment Facilities a. Definitions (1) 'Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. Part II Page 7 of 11 4. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (n Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (I) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The permittee submitted notices as required under Paragraph c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. 0) of this section. 5. Upsets a. Definition: "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset: A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part II, B. 2. of this permit. d. Burden of proof: In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. Part II Page 8of11 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION D. MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturers pump curves shall not be subject to this requirement. Part I1 Page 9 of 11 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 6. Records Retention Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Enta The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. Part 11 Page 10 of 11 SECTION E REPORTING REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) 0). c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part 11, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. 6. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. Part 11 Page 11 of 11 6. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part 11. E. 6. of this permit. 8. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. 9. Noncompliance Notification The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following. a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Water Quality and written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; 0) One hundred micrograms per liter 000 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; p) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter 0 mg/L) for antimony; (3) Ten 00) times the maximum concentration value reported for that pollutant in the permit application. D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. PART IV ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS A. The permittee must pay the annual administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. SOC PRIORITY PROJECT: No To: Permits and Engineering Unit Water Quality Section Attention: Teresa Rodriguez Date: April 23, 2001 NPDES STAFF REPORT AND RECOMMENDATIONS County: Gaston MRO No.: 01-74 Permit No. NCO084662 PART I - GENERAL INFORMATION 1. Facility and Address: Textron, Inc. 40 Westminster Street Providence, RI 02903 2. 3. 4. 5. rei VA 8 Date of On -Site Investigation: April 12, 2001 Report Prepared By: Michael L. Parker, Environ. Engr. II Persons Contacted and Telephone Number: Gerald Hornaday, (919)571-0669. Verified Discharge Point(s), List for All Discharge Points: Latitude: 35 ° 12' 45" Longitude: 81 ° I l' 29' Attach a USGS map extract and indicate treatment facility site and discharge point on map. USGS Quad No.: G 14 NW Site size and expansion area consistent with application? Yes Topography (relationship to flood plain included): Gently Sloping towards the receiving stream (the site is not located in a flood plain). Location of Nearest Dwelling: None within 300+ feet of the site. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. Existing Treatment. Facility a. Current permitted capacity: 0.300 MGD. b. Date(s) and construction activities allowed by previous ATCs issued in the previous two (2) years: N/A. Page Two C. Actual treatment capacity of the current facility (design volume): 0.300 MGD. d. Description of existing or substantially constructed WWT facilities: The existing WWT facilities consists of three (3) air strippers (two primary air strippers and one air stripper maintained as a stand-by unit). 2. Type of proposed treatment facility: There are no proposed treatment facilities. 3. Residuals Handling and Utilization/Disposal Scheme: No residuals generation is expected. 4. Treatment Plant Classification: Class I 5. SIC Code(s): 9999 Wastewater Code(s): 66 Main Treatment Unit Code: 55000 6. Important SOC/JOC or Compliance Schedule Dates: N/A PART III - EVALUATION AND RECOMMENDATIONS The applicant, Textron, Inc., requests that the subject permit be renewed. There have been no changes to the permit and/or the existing GW remediation facilities since the permit was last renewed. Pending a technical review and approval by the NPDES Unit, it is recommended that the permit be renewed as requested. �, 1__, ��-23 -D, of Report Preparer Date Water Quality Regioxtal Supervisor Date h:\dsr\dsr01 Vextron.dsr w State of North Carolina Department of Environment and Natural Resources a • Division of Water Quality � ( V Michael F. Easley, Governor q� William G. Ross, Jr., Secretary WRWl ES Cr FILE Kerr T. Stevens, Director NORTH CAROLINA EQJ PARTM£NT ENVIRONMENT AND NAtURAL< ir-sobmll April 4, 2001 Mr. David Simpson APR 0 9 2001 Textron, Inc. 40 Westminster Street Providence, Rhode Island 02903 WAT U t QUALITY SECTION Subject: NPDES Permit Renewal Application Permit NCO084662 Textron, Inc. Gaston County Dear Mr. Simpson: The NPDES Unit received your permit renewal application on April 2, 2001. Thank you for submitting this package. The permit renewal for this facility has been assigned to Teresa Rodriguez. This staff member will contact you if further information is needed to complete the permit renewal. Please note that the NPDES Unit has several vacant positions. This staff shortage has lasted for over a year and is delaying all permit renewals. Our remaining permit writers are currently reviewing Authorizations to Construct, speculative limit requests, major permit modifications and 201 plan updates ahead of permit renewals. This is necessary due to a variety of factors, including mandatory deadlines in the statutes which govern our program. If this staff shortage delays reissuance of NCO084662 the existing requirements in your permit will remain in effect until the permit is renewed (or the Division takes other action). We appreciate your patience and understanding while we operate with a severely depleted staff. If you have any additional questions concerning renewal of the subject permit, please contact Teresa Rodriguez at (919) 733-5083, extension 595. Sincerely, Valery Stephens Point Source Unit cc: ional Office, Water Quality Section NPDES File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 520 (fax) 919 733-0719 VISIT US ON THE INTERNET @ httpJm2o.enr.state.nc.us/NPDES Valery.Stephens@ncmail.net MAR 2700 Wycliff Road Suite 200 Raleigh, NC 27607-3062 (919)571-0669 FAX (919) 571-0688 www.ensr.com March 28, 2001 Ms. Valery Stephens NCDENR Water Quality - Point Source Branch 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Re: Request for Renewal of NPDES Permit NCO084662 — Textron, Inc. in Gaston County Dear Ms. Stephens: On behalf of Textron, Inc., ENSR Corporation, Inc. is requesting renewal of NPDES Permit NCO084662 for the groundwater treatment system located at the former Textron facility in Gastonia, Gaston County, North Carolina. No changes or additions have been made to the system as covered by the current permit. The treatment system consists of two air stripping units designed to remove volatile organic. compounds from groundwater received from several recovery wells located in the area. A third air stripping unit is available as' a stand-by unit, but is not currently connected to the treatment system. No solids or sludges are generated by the treatment process. Therefore, no special handling or disposal of generated solids/sludges is required. Attached are the required application and documentation necessary for renewal of the permit. If you have any questions regarding this application for renewal please contact either Gerald Hornaday or David Simpson at (919) 571-0669. Sincerely ENSR Corporation, Inc. Gerald Y. Hornaday, E.I. David H. Simps n, Staff Engineer Senior Project Manac Attachments cc: J. Kandler, Textron File ® Over 30 Years of Excellence in Environmental Services J6 NPDES PERMIT APPLICATION - SHORT FORM C-GW To be filed by persons engaged in groundwater remediation projects N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit NC00 84662 Please print or type 1. Applicant and facility producing discharge A. Name John Kandler - Textron, Inc. B. Mailing address of applicant: 1.Street address 40 Westminster Street 2. City Providence 3. County 4.State Rhode Island 5. - Zip Code 02903 Telephone Number (401) 457-2363 Fax Number (401) 457-6028 e-mail address: ikandler@textron.com C. Location of facility: 1.Street 3800 Little Mountain Road 2. City Gastonia 3. County Gaston 4.State North Carolina 5. Zip Code 28054 Telephone Number (704) 587-2773 Fax Number (704) 842-5523 2. Standard Industrial Classification (SIC) code(s) (if known):' 3524 Lawn & Garden Eauipment 3. This application is for a,. New Permit M Permit Renewal Permit Modification 4. Product(s) recovered (circle all that apply): Gasoline Diesel fuel Solvents 0 7. Other (describe) (a) Check here if discharge occurs all year a , or (b) Circle the month(s) in which discharge occurs: January February March April May June July August September October November December (c) Days per week discharge occurs: 7 Volume of wastewater discharged to receiving stream(s): 300,000 (Monthly Average) GPD* *Gallons per operating day Check here if wastewater is discharged directly to the receiving stream(s) [K If not, state the specific discharge location: Mark the path taken by the wastewater to the receiving stream(s) on the site map. If a storm sewer is the only viable means of discharge, trace the route of the storm sewer to its discharge point(s). Short Form C-GW Version 9-99 . NPDES PERMIT APPLICATION - SHORT FORM C-GW To be filed by persons engaged in groundwater remediation projects Number of separate discharge points: 1 NOTE: If the facility has separate discharge points (outfalls), include a schematic diagram of wastewater flow at the facility. 9. Name of receiving water(s)• Un-named tributary of Crowders Creek This application package must include the items listed below. This application will be returned if the required items are not included. A USGS topographical map (or copy of the relevant portion) which shows all outfalls A report of alternatives to surface water discharge as outlined by the Division's "Guidance for Evaluation of Wastewater Disposal Alternatives" (required by 15A NCAC 2H.0105 (c)) A summary of the most recent analytical results containing the maximum values for each chemical detected Applications for new (un-permitted) discharges must also include the items listed below. This application will be returned if the required items are not included. ❑ An engineering proposal describing the remediation project in detail (required by 15A NCAC 2H.0105 (c)) ❑ If the treatment system will discharge to a storm sewer, attach written approval from the municipality responsible for the sewer. ❑ A list of any chemicals found in detectable amounts at the site, with the maximum observed concentration reported for each chemical (the most recent sample must be collected less than one year prior to the date of this application) ❑ A summary of analytical results containing the maximum values for each chemical detected ❑ The removal efficiency of each compound detected (if known) For fuel remediation projects, analyses for volatile organic compounds (VOCs) should be performed. Analyses for any fuel additives. likely to be present at the site should also be performed. At minimum, analyses should be performed for the following compounds: benzene' .. toluene' ethylbenzene' xylene' lead methyl tert-butylether (MTBE) dibromoethane (EDB) . 1,2-dichloroethane isopropyl ether napthalene phenol ("an EPA -approved method capable of detection levels to 1 ppb should be used to detect these compounds). For solvents or unidentified projects, an EPA Method 624/625 analysis should be performed. The data submitted with this application should include the ten largest peaks not identified as targeted compounds and not present in the procedural blank. These peaks should be identified and approximately quantitated (as per the same restrictions found on the NC DENR/DWQ Annual Pollutant Analysis Monitoring (APAM) Requirement - Reporting Form A). If metals or pesticides are suspected to be present, these compounds should be analyzed to the same detection level as presented in the NC APAM. I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed name of Person Signing Title Sign4tum,'6f Applicant V Date North Carolina General Statute 143-215.6 (b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment for not more than 5 years, or both, for a similar offense.) Short Form C-GW Version 9-99 N Textron Inc. Mr. Robert Farmer Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Janus 112001 40 Westminster Street January Providence, RI 02903-2596 (401)421-2800 RE: REQUEST FOR DMR SIGNATURE AUTHORITY CHANGE Textron, Inc. John Deere Consumer Products, Gaston County, North Carolina NPDES Permit No. NCO084662 Dear Mr. Farmer: As the Permittee and as a representative of Textron, Inc. I am requesting that the signature authority for the above referenced facility be delegated to the ENSR Consulting and Engineering (NC), Inc., Senior Project Manager for the former Textron Facility in Gastonia (currently David H. Simpson, P.G.), a duly authorized representative of Textron, Inc. Effective beginning with the January 2001 DMR, this representative will serve to review, determine compliance status, and certify by signature monthly monitoring reports. I recognize that pursuant to 15A NCAC 2B .0506 (b) (2) (D), that the process of authorizing another individual or position to sign as a representative in no way relinquishes any responsibility for the permit or responsibility to remain familiar with the permit conditions, limits, including any modifications, and for the compliance data reports for the permit. If you have any questions regarding this request please contact me at (401) 457-2363. Thank you. Sincerely, Q— ,'---I�ohn Kandler Permittee Manager, EHS Textron Inc. Cc: David Simpson / ENSR .\ �, �R r• +-•s. .- MIIO�ON BCVb-m'._ _ .i .x. �...," .-�,�. \___ _ .., /C� � / >' -T il..._.__ try•- \ ` - _ it � �. •' ) F. o; Park ' ; ,F� ,.\•. _'.. x ;,.Nr" 2400 YVA l✓ �+�-ar' Jr Earth Scher.- sly^'�- � •t`� �`., k� .si5l ,'@i"/u I fit` -._� pp" "• y _ - .�- �� ...-a_; '_'�• � � /� - - • 1 / • �-r}?bTJ � ..' •;ice- Q ` . `(_ _ p _-• � "_ -' }>y IN •�• j \:. •\ l .-\� _:3 � � � ,` � e . 1 -ems 1 _ 7" / 'O l owe`erixt 'ii _ •n:-`• rs �•`\ r i• Ir�-�� �.�` -rr (��/� 1,` t` `�e�aags`rl�•�� f / ,',/'• •` ^. `�♦ _ VFp +� i '•D• .Olney t`~ `_ t cemt' !i'TEJ. All ��:. �_� 1l � 1 : '' • : r+ S,jbstsstion k: V. /, tip; :�,-. ,'• •�. � � . ... - _ �� _ _ ;: • '��-�`.�Sr-`�— "`��"� �\� �';'I'i .I . i I �^.- ��'` - �. ` / 1- to �'\•i i ,:� `_•"` . '' ,'"� \\ ) • M ti "�! all •. : •� + � '''�- , ''�\f 1 '• ;^ �?" gyp' `� 240 71 . � � `a��``•_�., t_.'.•--. :._ • • •_=tea\ ,+ ��• • . �//� • •�� _ �` Qs - .. � i �� _ /- 1, 1 \1 \\i'r / � • I • •s�•s \ � _ , i .�- • -a.. s•= ems+- / `�' % � '. �,� ��' �', ••• \ - �". •_ _ \ . • •�. \;`i. �-tit , ��• � r � 6�. `. \ ..- ,`-�, � . � _� ,— •-rz +�jE�•."•f,,,' lX ice. /, 1 -_� �. 'i 3zl - \=^��::Mi� Syr .�'�'.•:-r'.S�' �: •,'r /�- :'1 1. - (( f t ' f:'%-=� _ /•. ..lam • EACRTM SOURCE: USGS 7-1/2 Minute Series Maps: Gastonia South, North Carolina Topographic Quadrangle ENSR CONSULTING AND ENGINEERING Figure 1-1 SCALE N Site Location Map 1000 0 1000 2000 4000 John Deere Consumer Products Gastonia, Norlh Corollno DRAWN; fmr DATE: 9/29/98 1 PROJECT NUMBER REV (In feet)6630 —093 •PrWD: nlE: tAnnnlen nWa EFFLUENT NPDES PERMIT NO. NCO084662 DISCHARGE NO. 002 MONTH February YEAR FACILITY NAME Textron Inc. CLASS 1 COUNTY Gastonia OPERATOR IN RESPONSIBLE CHARGE (ORC) Jon Wakeman GRADE 1 PHONE (704) 598-790, CERTIFIED LABORATORIES (1) Pace Analytical Laboratory (2) CHECK BOX IF ORC HAS CHANGED PERSON(S) COLLECTING SAMPLES David C. Winbum (Back-up ORC) Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES DIV. OF ENVIRONMENTAL MANAGEMENT DENR P.O BOX 29535 RALEIGH, NC 27626-0535 X (SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE) DATE BY THIS SIGNATURE, I CERTIFY THAT THE REPORT IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE _ • • • • • • • ® DEM Form MR -I (12/93) EFFLUENT FR RMIT NO. NCO084662 DISCHARGE NO. 002 MONTH January YEAR 2001 AME Textron Inc. CLASS 1 COUNTY Gastonia IN RESPONSIBLE CHARGE (ORC) Jon Wakeman GRADE 1 PHONE (704) 598-7900 CERTIFIED LABORATORIES (1) Pace Analytical Laboratory (2) CHECK BOX IF OFIC HAS CHANGED PERSON(S) COLLECTING SAMPLES Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES DIV. OF ENVIRONMENTAL MANAGEMENT X DENR (SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE) P.O BOX 29535 BY THIS SIGNATURE, I CERTIFY THAT THE REPORT IS RALEI GH, NC 27626-0535 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE David C. Winburn (Back-up ORC) DATE • MrAWN• DEM Form MR-1 (12/93) EFFLUENT NPDES PERMIT NO. N00084662 DISCHARGE NO. 002 MONTH December YEAR 2000 FACILITY NAME Textron Inc. CLASS 1 COUNTY Gastonia OPERATOR IN RESPONSIBLE CHARGE (ORC) David C. Windburn GRADE 1 PHONE (704) 598-7900 74 CERTIFIED LABORATORIES (1) Pace Analytical Laboratory (2) CHECK BOX IF ORC HAS CHANGED PERSON(S) COLLECTING SAMPLES Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES DIV. OF ENVIRONMENTAL MANAGEMENT DENR P.O BOX 29535 RALEI GH, NC 27626-0535 X (SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE) DATE BY THIS SIGNATURE, I CERTIFY THAT THE REPORT IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE • cc • ' • 11 • 1 DEM Form MR -I (12/93) rate of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director v /� 1 • • E N F1 February 13, 1998 Mr. Robert Brayley Textron, Inc. Director, Environmental Operations & Site Remediation 40 Westminster Street Providence, Rhode Island 02903 Dear Mr. Brayley: »G nwgrr. qtr O NATtMAL R611K)UPt(-% FEB 18 1998 apflotttll IF SWX&,$TV E Mwa No Subject: Permit No. AC0084662 Authorization to Construct Textron Homelite Plant Gaston County A letter of request for an Authorization to Construct was received September 30, 1997 by the Division and final plans and specifications for the subject project have been reviewed and found to be satisfactory. Authorization is hereby granted for the permanent installation of modifications to air stripper #2 (AS2) and the installation of similar modifications to air stripper #1 (AS1) and all associated piping, tanks, and appurtenances for the above referenced project with discharge of treated wastewater into an unnamed tributary to Crowders Creek in the Catawba River Basin. It is the Divisions understanding that a ladder will be built between AS 1 and AS2 with platforms for operator access and safety. This Authorization to Construct is issued in accordance with Part III, Paragraph A. of NPDES Permit No. NCO084662 issued September 18, 1996, and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the conditions and limitations specified in Permit No. NC0084662. The sludge generated from these treatment facilities must be disposed of in accordance with G.S. 143-215.1 and in a manner approved by the North Carolina Division of Water Quality. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater treatment or disposal facilities. The Mooresville Regional Office, telephone number'(704) 663-1699, shall be notified at least forty-eight (48) hours in advance of operation of the installed facilities so that an in -place inspection can be made. Such notification to the regional office shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. Upon completion of construction and prior to operation of this permitted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with the NPDES Permit, this Authorization to Construct and the approved plans and specifications. Mail the Certification to the Permits and Engineering Unit, P.O. Box 29535, Raleigh, NC 27626-0535. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone (919)733-5083 FAX (919)733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper No. AC0084662 •ization to Construct n Homelite Plant L y 13, 1998 Upon classification of the facility by the Certification Commission, the Permittee shall employ a certified wastewater treatment plant operator to be in responsible charge (ORC) of the wastewater treatment facilities. The operator must hold a certificate of the type and grade at least equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The Permittee must also employ a certified back-up operator of the appropriate type and grade to comply with the conditions of Title 15A, Chapter 8A, .0202. The ORC of the facility must visit Class I facilities at least weekly and Class II, III and IV facilities daily, excluding weekends and holidays, and must properly manage and document operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A, .0202. Once the facility is classified, the Permittee must submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. A copy of the approved plans and specifications shall be maintained on file by the Permittee for the life of the facility. The Operational Agreement between the Permittee and .the Environmental Management Commission is incorporated herein by reference and is a condition of this Permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by G. S. 143- 215.6 for violation of or failure to act in accordance with the terms and conditions of this Permit. Failure to abide by the requirements contained in this Authorization to Construct may subject the Permittee to an enforcement action by the Division of Water Quality in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. The issuance of this Authorization to Construct does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. One (1) set of approved plans and specifications is being forwarded to you. If you have any questions or need additional information, please contact Ms. Mary Cabe, telephone number (919) 733- 5083, extension 518. Sincerely, Preston Howard, Jr., P.E. Attachment cc: Central Files Technical Assistance and Certification Unit NPDES Unit Ms. Jennifer Warner ENSR Consulting 2700 Wycliff Road, Suite 300 Raleigh, NC 27607 • Textron Inc. 40 We 4��rr80&fY ` Providence, R.I 02903 401/421-2800 February 25, 1998 Certification I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Date: February 25, 1998 j Signature: Debi J. G er Environmental Remediation Engineer Attach: Class I Permit Modification Request NCD 091 249 417 INFLUENT 1 2 3 4 5' 2 4 3 W�yW 5 DIRECTIONAL FLOW DEVICE PROFILE I I MAZZEI 2' DIAMETER VENTURI-TYPE INJECTO 1200 MP BETE FOG NOZZLE 0 2' JAEGER POLY TRI PACK AIR STRIPPER MEDIA a SCREEN WITH 3/4' OPENINGS 72' x 28' x 6' DISTRIBUTION TRAY EQUIPPED WITH 44 - 1' x 1/2' DIAMETER PVC COUPLINGS 6' x 25' AGRI SUPPLY GALVANIZED AGRICULTURAL TANK 1 1 1 CA ;TO DISTRIBUTION TRAY PLAN ENM ENSR Comutling and Engin"ring FIGURE 1 AIR STRIPPER #2 AS -BUILT & AIR STRIPPER #3 AS -PLANNED MODIFICATIONS TEXTRON INC. FCLTY ID NCD 091 249 417 iAWN: JIW DATE: Se amber 22, I 99"PROJECT NO.: REV: LE NO.: CHECKED: RON 0 BB3"02 0 Q W Q� OUTFALL 001 z W I- U ^W^, 1.�G. 3 a CD 0 0 CD r- 0 Q z O W Q 0 i z 0 W i i EARTHEN DISCHARGE CHANNEL NPDES COMPLIANCE SAMPLING POINT CONCRETE EROSION CONTROL APRON OUTFALL WEIR s® 001 CONCRETE OUTFALL COLLECTION STRUCTURE LEGEND ®s STRIP RECORDER FLOW METER WITH NAME (FISHER —PORTER BRAND) TOTALIZING FLOW METER WITH NAME pQ BALL/GATE VALVE © PRESSURE GAUGE rl5' J AIR FLDV SVITCN u � 0 0' ( CONTROL PANEL I-I/2' PVC ELECTRICAL W AIR AIR AIR d STRIPPER STRIPPER I I STRIPPER t #3 #2 1 1 #1 I PD-1 T AS3 T AS2 T AS1 "8 Tam d�II I I ELECTRICAL Nc�id � I P P P W� �— SPILL PVC DISTRIBUTIDN HEADER MIXER ( CONTAINMENT 4' 2' I SYSTEM PVC COLLECTION HEADER i 2' INF8 INF7 INF6 �qlm INFS 1I1NF4 2' 1' 2' INFLUENT "PIPING INF3 INF2 INF1 MW15I MW22D MW16I CW3 EW3 u EW4 EW1 CW1 EW5 CW2 EW2 HW DD MW25I FR MW30I MW10I MW18I Emb as.a, TM ENSR CONSULTING AND ENGINEERING FIGURE 2 SYSTEM LAYOUT GROUNDWATER TREATMENT SYSTEM TEXTRON FACILM ID I NCD 091 249 417 GASTONIA, NORTH CAROLINA °__ KLR 9 21 97 Rn ,�,*,Tr � 6630-082 1.0 State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director July 16,1997 Mr. Robert Brayley Textron, Inc. Director, Environmental Operations & Site Remediation 40 Westminister Street Providence, Rhode Island 02903 Subject: NPDES Permit Modification Permit No. NCO084662 Textron Gaston County N.C. D tpT QF ENVTR('J'r"7'N` HEALTH & NATUItAL RESC)U1tC%,S Dear Mr. Brayley: JUL 18 1997 D1YIZN OF 04WRGNMENTAI ElANUrAENT it0i SV1LE 1E0NAI I= Per your request letter, dated June 13, 1997, and additional information received from ENSR, Textron Inc. is authorized to change the effluent sampling location to a point within the effluent channel approximately 20 feet below the discharge pipe. Please find enclosed an amended Effluent Limitations page for outfall 001 which should be inserted into your permit. The old page should be discarded. All other terms and conditions contained in the original permit remain unchanged and in full effect. This permit modification is issued pursuant to the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency. If any parts, measurement frequencies or sampling requirements contained in this permit modification are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and binding. If you have any questions concerning the permit modification, please contact Mary Cabe at telephone number (919) 733-5083, extension 518. Sincerely yours, �,. Preston Howard, Jr P.E. i Attachment CC. C� Tiles Permits and Engineering Unit Facility Assessment Unit P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone (919) 733-5083 FAX (919) 733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO084662 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements L /da Units (specify) Measurement Sample *Sample Mon. Ava. Daily Max Mon. Ava. Daily Max. Frequency Type Location Flow 0.300 MGD Cont. or Weekly Rec or Flow E Chronic Toxicity" Quarterly Composite E Methylene Chloride Quarterly Grab E * Sample location: E - Effluent, at a point within the effluent channel approximately 20 feet below the discharge pipe. ** Chronic Toxicity (Ceriodaphnia) P/F at 66%; January, April, July and October; See Part II1, Condition E. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/month at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. {�'cooSN� 6 Z 3//G'/D g • Engineering . Remediation July 14, 1997 ENSR Ref. No: 6630-082-210 ENSR Doc. No: letter78 Ms. Mary L Cabe North Carolina Department of Environment, Health and Natural Resources Division of Water Quality P.O. Box 29535 Raleigh, North Carolina 27626-0535 2700 Wycliff Road Suite 300 Raleigh, NC 27607 (919)571-0669 FAX (919) 571-0688 RE: NPDES Permit Modification Permit No. NC0084662 Textron, Inc. (Operator) at John Deere Consumer Products, Inc. (Owner) facility Gastonia, North Carolina Dear Ms. Cabe: The purpose of this letter is to demonstrate compliance with the definition of an effluent channel per NCAC 2B .0228 and submit the minor permit modification fee as requested in your letter to Textron dated June 23, 1997. This information and fee are submitted in order to facilitate modification of the above -referenced permit to reflect a new effluent sampling location. As detailed in a letter from Textron to NCDEHNR dated June 13, 1997, the intention of this modification is to provide samples which are more representative of the water discharged to the receiving stream. The proposed sampling location is approximately 20' downstream of the existing sampling point at a location which complies with the following regulatory criteria (NCAC 2B .0228 Effluent Channels): 1.) is contained entirely on the Deere property. Please see attached Figure 1 for the proposed sampling location and corresponding property lines; 2.) does not contain natural waters except when such waters occur in direct response to rainfall events by overland runoff. The effluent is not mixed with any other natural waters until reaching the receiving stream approximately 300 feet downstream of the proposed sampling location; and 3.) is constructed or modified as to minimize the migration of fish into the said channel. The effluent channel upstream of the proposed sampling point consists of a rock or concrete embankment (approximately 15 to 20 feet) over which the discharge cascades EK!, v after exiting the treatment system effluent weir. The effluent channel downstream of the proposed sampling point consists of a ditch with a depth of flow less than 6 inches until reaching the receiving stream which is an unnamed tributary to Crowders Creek (approximately 300 feet) in the Catawba River Basin. The depth of flow downstream and the slope of the rock embankment upstream of the sampling point minimize the migration of fish into the effluent channel. Enclosed please find a check for $100 to cover the minor modification fee. Additionally, as you requested, enclosed is a Professional Engineer Certification for compliance with NCAC 2B .0228. Should you have any questions or need additional information, please feel free to contact me at (919) 571-0669, ext. 223. Sincerely, ENSR CONSULTING AND ENGINEERING (NC), INC. R. Dean Stone, P.E. Project Engineer attachments cc: Gleason (DEM) Dorrance (ENSR) Bowden (DEM) Griswold (John Deere) Lesley (DEM) Breusch (John Deere) Geyer (Textron) Freiberg (Culligan) Professional Engineer Certification Textron, Inc. as Operator; John Deere Consumer Products, Inc. as Owner John Deere Consumer Products, Inc. Facility Gastonia, North Carolina NCO084662 I hereby certify, to the best of my abilities, that the modified effluent sampling location for the groundwater remediation system at the John Deere Consumer Products, Inc. facility in Gastonia, North Carolina is in compliance with the definition of an "effluent channel" per NCAC 2B .0228. The modified sampling location is detailed in the attached letter from Textron to NCDEHNR dated June 13, 1997. Demonstration of compliance with NCAC 2B .0228 is detailed in the attached letter from ENSR to NCDEHNR dated July 14, 1997. 1 am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. N DARo Signature :.�`�O�OFES o94.Y , SEAL 9� •: Name 022616 F GINE�:Q''��i O Z Z6 % •••• o - PE Registration Number 7 14: 97 i f-IOMEL l TE I ' PRODUCTION 5 ' - l WELL BURN PST AND DRUM STORAGE IAREA HAZARDOUS ,� 5 WASTE MANAGEMfI ♦ 6 NW-6 I MW-21S� IAREA No.3,' 2 `-'-ZIXW-2o � �rt 5 2�y EYV-2 - ------ ..Tr -em` �.�1' _ 0. irs.2 / charge Point Af 3 P M -3 POWER WEIR: A MW-10 X--® - WE/R-8� l V i 4 ` a •z ( 5EE N' v o t.tNE•-��� - \ r KENNETH HO WE rf 1084-535 , IS r r y W-35 SOURCE: Aquaterra. Im. EM Graphic Scale: 1• 200' ENSR Consulting and Englneering FIGURE 1 Note: Tiredtment system and discriage point SITE LOCATION MAP locations aru approximated. Textron, Inc. John Deere Consumer Products, Inc. facility Gastonia, NC DRAWN: rds DATE: July 10, 1997 1 PROJECT NO.: REV: FILE NO.: CHECKED: Id 7260-129 State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director ffl�5VA 'qT 0 A&4�1 0 E3EHNR June 23, 1997 Kc err. or stWlla.0NMENT, HKA AM4, ar NATURAL RMOURC; Mr. Robert Brayley Textron, Inc. JUN 2b 1997 Director, Environmental Operations & Site Remediation 40 Westminster Street OW IF &W&a=TJL MAUMtNT Providence, Rhode Island 02903 110MINUE tOM IFN Subject: Receipt of NPDES Permit Modification Permit No. NCO084662 Textron Gaston County Dear Mr. Brayley: The Division acknowledges receipt of your NPDES permit modification request received on June 16, 1997 for the above referenced facility. A minor modification fee of $100 must be submitted per NCAC 2H .0105(b)(D). Also, the discharge channel must comply with the definition of an effluent channel per NCAC 2B .0228. Please send documentation to this effect. This application has been assigned to me for review. If you have any questions, I can be contacted at (919)733-5083, extension 518. Sincerely. / eL.Cabe NPDES Group cc: Permits & Engineering Unit P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper DEM-P & E Fax:919-733-0719 Jul 16 '97 9:51 P.01/03 ,-I &NA ii' State of North Carolina Department of Environment, Health and Natural Resourc`g4_ [_ Division of Water Quality}i,bC 512 North Salisbury Street - Raleigh, North Carolina 27611 James B. Hunt, Jr., GovemAr Jonathan B. Howes, Secretary Facsimile Cover Sheet ` ((/L"usp, Fax: xz.�=°--------------- From: Mr..r Phone: 919) 733 083 SIB' Fax: (919) 733-0719 3? pages, Including this cover sheet. Comments- �aro, '1S l'� 27n . Regional Offices Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704/251-6208 919/4W1541 704/663-1699 9191571-4700 919/946-6481 919/395-3900 919/996-7007 Pollution Prevention Pays P.O. Box 29333, paieigh. Now Carotina 27626-0535 TeIaphone 919-733-7015 Fax: 919-733-9019 An Equal Opportunity Affirmative Action Employer DEN-P & E Fax:919-733-0719 State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Govemor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director July 16,1997 Mr. Robert Brayley Textron, Inc. Director, Environmental Operations & Site Remediation 40 Westminster Street Providence, Rhode Island 02903 Dear Mr. Brayley: Jul 16 ' 97 9 : 52 P. 02/03 Ca�HNF� Subject: NPDES Permit Modification Pcrmit No. NCO084662 Textron Gaston County Per your request letter, dated June 13, 1997, and additional information received from ENSR, Textron Inc. is authorized to change the effluent sampling location to a point within the effluent channel approximately 20 feet below the discharge pipe. Please find enclosed an amended Effluent Limitations page for outfall 001 which should be inserted Into your permit. The old page should be discarded. All other terms and conditions contained in the original permit remain unchanged and in full effect. This permit modification is issued pursuant to the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency. If any parts, measurement frequencies or sampling rcquirements contained in this permit modification are unacceptable to you, you have the right to an adjudieatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Offict, of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unlc.Ss such demand is made, this decision shall be final and binding. If you have any questions concerning the permit modification, please contact Mary Cabe at telephone number (919) 733-5083, extension 518. Sincerely yours, Preston Howard, Jr P.E. Attachment cc. Mooresville Regional Office Central Files Permits and Engineering Unit Facility Assessment Unit P.O. Box 29535, Raleigh, North Carolina 27626.0535 Telephone (919) 733.5083 FAX (919) 733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled 110% post -consumer paper M 0 M O 97 A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO084662 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall helimited and monitored by the permittee as specified below: Fifluent Charactarlatics ry of Flow Chronic Toxicity" �`- Mothylone Chloride rn h rn 0 M M r` rn rn ra LL w 06 o_ i w Q Discharge Limltalions 1-ba/day Units (specitvj Mon. Ava, Daily Max Mon, Avg_ Daily Max. 0.300 MGD Monitoring Requirements Measurement Sample *Sample Frequency Tyne Location Cont. or Weekly Rec. or Flow t~ Quarterly Composite E Quarterly Grab E k Sample location: E - Effluent, at a point within the effluent channel approximately 20 feet below the discharge pipe. k* Chronic Toxicity (Ce_riodapbnia) PJF at 66%; January, April, July and October; See Part III, Condition E. The pH shall not be less than 6.0 standard units noT greater than 9.1l standard units and shall be monitored 2Jmonth at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. SOC PRIORITY PROJECT: No To: Permits and Engineering Unit Water Quality Section Attention: Mary Cabe Date: November 12, 1997 AUTHORIZATION TO CONSTRUCT NPDES PERMIT REPORT AND RECOMMENDATIONS County: Gaston MRO No.: 97-72 Permit No. NC0084662 PART I - GENERAL INFORMATION 1. Facility and Address: Textron, Inc. 40 Westminister Street Providence, RI 02903 2. Date of On -Site Investigation (if conducted): N/A 3. Report Prepared By: Michael L. Parker, Environ. Engr. II 4. Persons Contacted and Telephone Number: Jennifer Warner, (919)571-0669. 5. Verified Discharge Point(s), List for All Discharge Points: Latitude: 350 12' 45" Longitude: 810 11' 29' Attach a USGS map extract and indicate treatment facility site and discharge point on map. USGS Quad No.: G 14 NW 6. Site size and expansion area consistent with application? Yes 7. Topography (relationship to flood plain included): Gently Sloping towards the receiving stream (the site is not located in a flood plain. 8. Location of Nearest Dwelling: None within 300+ feet of the site. e •Page .Two PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. Existing Treatment Facility a. Current permitted capacity: 0.300 MGD. b. Date(s) and construction activities allowed by previous ATCs issued in the previous two (2) years: N/A. C. Actual treatment capacity of the current facility (design volume): 0.300 MGD. d. Description of existing or substantially constructed WWT facilities: The existing WWT facilities consists of three (3) air strippers. 2. Type of Proposed Treatment Facility: The applicant proposes to modify the existing air strippers to improve treatment efficiency. 3. Residuals Handling and Utilization/Disposal Scheme: No residuals generation is expected. 4. Treatment Plant Classification: Class I 5. SIC Code(s): 9999 Wastewater Code(s): 66 Main Treatment Unit Code: 55000 6. Important SOC/JOC or Compliance Schedule Dates: N/A PART III - EVALUATION AND RECOMMENDATIONS The applicant, Textron, Inc., Requests approval to effect modifications to the existing GW remediation system to treatment efficiency. Pending a technical review and approval by the P&E Section, it is recommended that the ATC request be approved. (Signature of Report Preparer Water Quality Regional pervisor h:\atc\atc97\textron.atc Date Date State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary ,A. Preston Howard, Jr., P.E., Director U� MR. ROBERT BRAYLEY TEXTRON, INC. (/ 40 WESTMINISTER STREET 41 PROVIDENCE, RHODE ISLAND Dear MR. BRAYLEY: M �v C)EHNF� October 6, 1997 OCT 21 1997 DIVISM nr E'iV""C"I:NldTti K4lht& :'Fl�i g`b�=_s;"�lE R{k`z.:l1Al GfF?GE Subject: Application No. AC0084662 02903 WWTF/Homelite/Textron Authorization To Construct Gaston County The Division's Permits and Engineering Unit acknowledges receipt of your permit application and supporting materials on September 30, 1997. This application has been assigned the number listed above. Your project has been assigned to Mary Cabe for a detailed engineering review. Should there be any questions concerning your project, the reviewer will contact you with a request for additional information. Be aware that the Division's regional office, copied below, must provide recommendations for this project prior to final action by the Division. If you have any questions, please contact Mary Cabe at (919) 733-5083 extension 518. PLEASE REFER TO THE ABOVE APPLICATION NUMBER WHEN MAKING INQUIRIES ON THIS PROJECT. cc: Mooresville Regional Office ENSR Consulting Engineers Sincerely, a David A. oodrich Supervisor, NPDES Unit Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 An Equal Opportunity Affirmative Action Employer September 22, 1997 CERTIFICATION I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Date: September 22, 1997 SignatureL,bj& 4 Debi/I. Gey Environmental Remediation Engineer Attach: September 22, 1997 letter re: request for authorization to construct #NCD 091 249 417 Consulting. Engineering .Remediation September 22, 1997 ENSR Ref. No.: 6630-082-230 ENSR Doc. No.: letter91 Mr. David A. Goodrich NPDES Supervisor NCDEHNR Division of Water Quality P.O. Box 29535 Raleigh, North Carolina 27626-0535 2700 Wycliff Road Suite 300 Raleigh, NC 27607 (919) 571-0669 FAX (919) 571-0688 RE: Request for Authorization to Construct Textron, Inc. as Operator; John Deere Consumer Products as Owner Gastonia, North Carolina NPDES Permit No. NC0084662 Dear Mr. Goodrich: The groundwater remediation system at the above -referenced facility was inspected by Mr. John Lesley of the Division of Water Quality on August 12, 1997. The Compliance Evaluation Inspection Report for that inspection (Attachment A) briefly describes the pilot study performed at the facility and specifies the need for an Authorization to Construct prior to permanent installation of modifications made to the treatment system during the pilot study. Therefore, in accordance with Title 15A NCAC 02H.0138, Textron, Inc. is requesting an Authorization to Construct for modifications to the remediation system at the above -referenced facility. Remediation System Information Textron, Inc. is the designated operator of the remediation and assessment program for the facility RCRA Permit NCD 091 249 417 (NPDES Permit No. NC0084662). The remediation and assessment program includes maintenance of 3 closed hazardous waste management units (HWMUs) along with operation of an on -going groundwater remediation system and 2 soil vapor extraction (SVE) systems. The groundwater remediation system includes 19 groundwater extraction wells and 3 air stripping units (Air Stripper #1, Air Stripper #2 and Air Stripper #3). The remediation system is being operated to remove volatile organic compounds (VOC) from the groundwater. Following effluent chronic toxicity failures at the groundwater treatment system, ENSR conducted a thorough evaluation of the system in March of 1997. The evaluation included pilot testing to define potential upgrades or alterations to the treatment system to ensure compliance. September 22, 1997 Mr. David Goodrich Page 2 Air Stripper #2 Modifications An initial attempt was made to increase the treatment efficiency of Air Stripper #2 (AS#2) in March of 1997 by installing a venturi-type injector and 4 spray nozzles. The injector was placed on the influent line near the top of the stripper and introduced air into the untreated water. Four spray nozzles were installed, one located above each corner of the distribution tray, in order to enlarge the allowable area for spraying. Three samples were taken to monitor treatment efficiency following the modifications; an influent sample, an effluent sample collected while the blower was operating and an effluent sample collected with the blower off. The effluent sample collected with the blower off represented the treatment system discharge during a power outage. The influent total VOC concentration was 2281.7 µg/I. The effluent sample collected while the blower was operating had a total VOC concentration of 57.2 µg/I. The effluent sample collected while the blower was off had a total VOC concentration of 185 µg/l. Under temporary authorization by the NCDEHNR, AS#2 was retrofitted with the following modifications in June of 1997 in order to conduct a second pilot study: • a venturi injector and a single VOC stripping spray nozzle on the influent line; • a packed tower treatment system (one -foot of media in a circular trough); • a screen below the media to allow for free -fall of water out of the packed tower; • a new distribution tray below the packed tower to more evenly distribute the flow to the stripper system and eliminate preferential channeling of water; and • a passive vent in the roof of the treatment building immediately above the spray nozzle. Details and specifications of these upgrades are shown on Figure 1. The influent spray nozzle is clog -resistant with a 1200 full -cone spray specifically designed for VOC stripping. The nozzle was raised to approximately 1.5 feet above the packing material to allow for a full 5.5-foot-diameter spray. A 25-inch by 6-foot-diameter galvanized agricultural tank was used to act as a funnel -type structure to enlarge the allowable area for spraying of influent and placement of packing material. The tank was also installed to act as a splash guard. The packing material is 2-inch-diameter Poly Th Pack manufactured by Jaeger Products. The distribution tray was installed to allow for more even distribution of untreated water through the stripper. The new distribution tray was raised slightly above the stripper to promote circulation. The screen was installed below the packing material to allow for free -fall of water out of the packed tower. Three samples were taken to monitor treatment efficiency following the upgrades; an influent sample, an effluent sample collected while the blower was operating and an L#-k'- J September 22, 1997 Mr. David Goodrich Page 3 effluent sample collected with the blower off. The influent total VOC concentration was 2156.4 µg/I. The effluent sample collected while the blower was operating had a total VOC concentration of <1 µg/I. The effluent sample collected while the blower was off had a total VOC concentration of 3.6 µg/I, with all constituents having concentrations below the EPA Maximum Contaminant Levels. The following table summarizes treatment data for the two pilot tests: Sample ID Total VOC Concentration Total VOC Concentration following trial spray head following addition of new installation March 26, 1997 tray/media June 30, 1997 Influent 2281.7 µg/I 2156.4 µg/I Effluent (blower on) 57.2 µg/I <1 µg/I (9.2 µg/1 MCL exceedance) Effluent (blower off) 185 µg/I 3.6 µg/I (57 µg/I MCL exceedance) (no MCL exceedance) Air Stripper #2 Operations and Air Stripper #3 Proposed Upgrades Based on the June pilot test data, Textron requests an Authorization to Construct to operate the modified AS#2 permanently, and to perform similar upgrades to Air Stripper #3 (AS#3). The upgrades proposed for AS#3 will directly follow the modifications completed in June 1997 on AS#2. It is anticipated that the installation of upgrades on AS#2 and AS#3 will be sufficient to treat all of the influent water and as a result, Air Stripper #1 (AS#1) will be used for back-up purposes only. In order to ensure that unacceptable back pressures (increasing chances of line failure) are not imposed on the system because of hydraulic loading on AS#2 and AS#3, 11 pressure gauges will be installed on the system. The locations of each proposed pressure gauge are shown on Figure 2. If unacceptable back pressures are imposed, AS#1 could be upgraded and brought back on-line. One additional sampling event will be performed when all upgrades have been installed. One influent and two effluent samples (blower on and blower off) will be analyzed for VOCs (EPA Method 8260) to demonstrate that sufficient treatment will occur without running the blowers on the air strippers. EFRR September 22, 1997 Mr. David Goodrich Page 4 The application fee of $150 is enclosed. Please call Ms. Jennifer Warner at 919-571- 0669 (Ext. 223) if you have any questions or require additional information. Sincerely, ENSR Consulting and Engineering (NC), Inc. , Jenn 1. Warner Roland B. Norris, P.E. Staff Engineer Senior Engineer enclosure cc: Bridgeman (DEM) Olszewski (NCDEHNR) Geyer (Textron) Dorrance (ENSR Griswold (Deere) Bruesch (Deere) On -Site Files (do Culligan) Y LPL$ Y �E lo.rwcw I PROFILE 6' x 25' AGRI SUPPLY GALVANIZED AGRICULTURAL TANK 1 MAZZEI 2' DIAMETER VENTURI-TYPE INJECTOR ••'` 2 1200 MP BETE FOG NOZZLE / a 3 2' JAEGER POLY TRI PACK AIR STRIPPER MEDIA:' 4 SCREEN WITH 3/4" OPENINGS �•i Q 51 72' x 280 x 6' DISTRIBUTION TRAY EQUIPPED WITH �'••., 44 -1' x 1/2" DIAMETER PVC COUPLINGS TO DISTRIBUTION TRAY PLAN �'"" •. ENM ENSR Consufling end Engineering s SEAL £ FIGURE 1 18150 AIR STRIPPER #2 AS -BUILT & AIR STRIPPER VACINE xcz #3 AS -PLANNED MODIFICATIONS wlf �'"'•"` �l� `� -AIR TEXTRON INC. NQ AI FCLTY ID NCD 091 249 417 Ti��1 DRAWN: JIW DATE: Se ember 22. 1997 PROJECT NO.: REV: 86W.W2 0 FILE NO.: CHECKED: RBN 11 LEGEND ®s STRIP RECORDER FLOW METER WITH NAME (FISHER -PORTER BRAND) ®T TOTALIZING FLOW METER WITH NAME ¢ w D4 BALL/GATE VALVE OUTFALL 001 © PRESSURE GAUGE z w --300" U W I I TENT u L3 • A 0 as o 0 T P u i Z MW1: TM Q ENSR CONSULTING AND ENGINEERING L,7 FIGURE 2 Z SYSTEM LAYOUT GROUNDWATER TREATMENT SYSTEM I ' x W TEXTRON FACILITY ID f NCD 091 249 417 � GASTONIA, NORTH CAROUNA '"w"REV KLR 9 21 97� 6630-082 1.0 a. y .ter sr n'►, c.��On �i t a N 1 e�tr M • ,yi k ~pg ? i Rod C7 6t S`") ,j�yt ti•z 'i'x'� y��'��n�=,ir•+5 �SrY)���' " ,:j! s �T - u"+", i, �' y. o- ••�'"�' _ �k�'.� .ACjiq Lly„�P 4 ' � �i �� �3� "F+�' ,� 3 may„ +r` .. ^�` 7 �{-c. r r 1 •°-�p R 0 ' k-y' .>c t .I- - -k `' "3.' ,'i� 07, S..-aD' 'r,�},. ,Blow"' �� -�'C .; ,�F •' �':, j�+R�` I � �4 '�',• ..rr��`'�^sP� �, �4 r� �'!°' ba r" r, t _H "rny �'-. h� r 5'�^'•' � b..��"3�r r "o,Yh� ,.�, �"`>>-y.�. - �.f .. �y°�`'�, r + 9o.,s '£' �'.+'. i�7jar ri #',' �� r: 1� �. ` �' i?, `" s P1�g1 "� � : nn� 4• � ,r-M "�`-; 6 S "���� ! k s s '�'"�" r.,!��6. ,�' '�3 4 '�G � � 'fit h'` �'>• e a : u m � y '✓v �$i � 'y � _ 4f Rif� a1 a{r.• ,C,,,t`+'t_ 5 Rrt,�r-" S. .r r ,, ,: m :. '%'{ f %� r e r Iy`"• F 1 x v _ w- r 3�b'k 4M.�, u"s r 1C`+ '9. �._ Y ♦ t '� �a k-li-,t, � P 'E yx � :r` „' - �' ��:e� gr�,� 9l� ;x k� Fr � +e £ •rrM �'' ti r4Lr t' ,g+.r. -} 7i} r ,�ja ',.. � }�k >r �� � ��' t ����g x ;� � �;5`= "Ay � •� ' .t �?fl :ri �� �� _ '�f �t'-r@t'k'�. Act MN ATTACHMENT A t R t * q at all -40 t a��Y• i � t 1 , �'•% �t R'�rL r -'�'Y. � L� ,r ,. a Y Yy.� ^ !v t Yt t pj Qim �s F ' qJa C H I1 v it �3 tr� cr�K'. t Z. Yh.1114- �.*.atir .,'�' :i �....4'ES�EA.v 1:a :�n: .,, ,..,�+•!',�.'�"`.rd aa+r•,. ._.. _-r4.. u:..,see.'x.u�•atrd4r.-x3'�a,3:�.y.c .b State of North Carolina Department of Environmen i , Health and Natural Resources Mooresville Regicncl Office James B. Hunt, Jr., Governor • � Lp L7E!HNFZ DIVISION OF WATER QUALITY August 14, 1997 Mr. Robert C. Brayley Director of Environmental Operations Textron, Inc. Division of Deere & Company 40 Westminister Street Providence, Rhode Island 02903 Subject: Compliance Evaluation Inspection Textron Groundwater Remediation System NPDES Permit No. NCO084662 - Gaston County, NC Dcar Mr. Brayley: Enclosed is a copy of the Compliance Evaluntion Inspection Report for the inspection conducted at the subject facility on August 12, 1997 by Mr. John Lesley of this Office. Please inform the facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the enclosed report. The operation and maintenance of the facility are commendable. T"ne report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Mr. Lesley or me at (704) 663-1699. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure cc: Gaston County Health Department JL �, 19 NORr1 Main SirePt, N1%��* FAX 704 663-4oa0 Mooresville, North Ceroiino 28115 ��j An Equcl Oppor6ur)i /Atfirmctive Action Employer tY Voice 704-663-1669 nm 5096 recycled/ 10°ro post -consumer paper i 110-d V6V=01 46-SL-6—j United St2tes Environmental Protection Agency, Washington, DC 2046o A*AMooresville Regional Office. Division of water Quality� L7EHtV FA Section A_ N26on2l Data Svstern Coding Transaction Code NPDES Permit YRIIv1O/D,4y Inspection Type Inspector Facility Type L`l NC0D84662 47/09112 Remarks. Reserved Facility Evaluation Rating BI QA ........ Reserved ......... _ 4 lv N Section $: 1726lity Data Name and Location of Facility: Entry Time: Permit Effective Date: Textron -John Deere Consigner Products Groundwater Remediation Facility 10:15 am 11/01/96 NCSR 2412-Homelite Circle (off Hichway 321 North) Exit TimeiDate south of Gastonia 1 l :20 97/08/ 12 Permit Expiration Date: Gaston County. North Carolina 09/30i01 Name(s) of On -Site Representative(s) / Title / Telephone Number Steve Lambert(District Manger -Culligan Operating Servicesi(704)861-9070 Richard HughesiBack-up Operator-CuWgan Operating Services/(704) 861-9070 Name, Address of Responsible Official Title: Director Environmental Operations LIr. Robert C. Brayley Textron, Inc, Division of Deere & Company Telephone Number: (401) 421-2800 40 Westminster Street Providence, Rhode Island 02903 Contacted? NO Section C: Areas Evaluated (S-Satisfactory, NI —Marginal. U-Unsatisfactory, N-Not Evaluated. NA -Not Aa licabte) —�. Permit Flow Measurement ,NA Pretreatment Operation/Main- -5-- RecortWRcports 9 Laboratory V, A Compliance Schedules Sludge Disposal - Facility Site Review Effluenultec. Waters Self -Monitoring Program N Other: Toxicity Section D: Summary of Findings and Comments SEE ATTACHED SHEETS) FOR COVMENTS. Chronic toxicity rest results will be forwdrded under separate cover when avoilablo. Name(s) and Signature(s) of Inspector(s) Agency/Office/Tcicphone Date: John Lesley�" ,l ����C� NCDWQ/MROi(704) 663-I699 August 13, 1997 Sigaanste of Reviewer - Agency/Off ieel`T'cicphone Datc FAActionTaken Date: FNoncompliance _ Corn fiance ZO -d V6V=0I L6-SI-6n'd LTextron, Inc. Groundwater Remediation Facility i NPDES Permit No. NCO084662 The facility was last inspected by Patricia Beam of this Office on April 15, 1997. PERMIT: The permit incorrectly describes the facility as a 0.300 MGD groundwater remediation facility consisting of two air strippers. The facility actually has three air strippers (two on-line and one in reserve). The facility discharge monitoring location has been modified to a point within the effluent channel 20 feet below the discharge pipe. FACILITY SITE REVIEW/OPERATIONS AND MAINTENANCE: The facility appeared to be well maintained and operated. Contaminated groundwater is collected from 13 wells for treatment. A pilot project is being conducted at the facility to test for removal of toxic constituents in the discharge. The pilot treatment system has been installed on air stripper # 2 only and consists of the following: • a Venturi injector and VOC stripping spray nozzle on the influent line • a packed tower treatment system (one -foot of media in a circular trough) a screen below the media to allow for free fall of water out of the packed tower • a new distribution tray below the packed tower to more evenly distribute the flow to the stripper system and eliminate preferential channeling of water • a passive vent in the roof of the treatment building immediately above the spray nozzle The pilot system has shown that VOC concentrations are below detection levels when operated as a passive system (without the fan in operation) and that the discharge meets the toxicity limitations in the permit. Past toxicity noncompliance was attributed to the failure of the air stripper fans. An Authorization to Construct must be obtained from the Division prior to permanent installation of the pilot treatment system in accordance with Title 15A NCAC 02H.0138. The influent pipe gallery has been renovated to combine flows into one influent pipe to provide thorough mixing of the various sources of contaminated groundwater prior to entering the treatment facility. Flow distribution to the air strippers is greatly improved The modified effluent sampling point is 20 feet below the discharge within the effluent channel. The effluent channel is a ditch with very steep sidewalls approximately 15 feet high. The operator has to hold onto the open fence gate in order to keep from falling into the channel which makes sample collection very difficult. It is recommended that steps be constructed with a sampling platform at the bottom to facilitate sample collection and provide a safe work environment for the operator. The pilot treatment facility is accessible only by using a portable ladder. Should the pilot treatment system be permanently installed, it is recommended that safe access (steps or a permanent ladder and a level walkway) be provided. EO"d vos;or 46-sr-S-Nl Textron -Division of Deere & Company page 3 RECORDS/REPORTS: Records consist of operation, maintenance, and meter calibration records, and monthly monitoring reports, laboratory reports, and chain -of -custody forms. All records and reports were complete and up-to-date. LABORATORY: The ORC conducts pH measurements on site. Calibration records are maintained in accordance with permit requirements. Pace Analytical conducts methylene chloride analysis and chronic toxicity testing. SELF -MONITORING PROGRAM: Self -monitoring reports were reviewed for the period from April, 1996 through March 1997. Violations of the chronic toxicity limit were reported on four occasions during the period. An enforcement recommendation was prepared and submitted to the Director for his consideration on June 23, 1997. The enforcement recommendation is pending. Textron, Inc. was assessed a civil penalty of$500 (Case No. LT 97-05) on April 24, 1997 for failing to report toxicity test results in April, 1996 and January, 1997. The company paid the civil penalty assessment in full on June 2, 1997. Samples are maintained at _5 4°C during collection and shipment. Documentation is kept to Verify sample temperature. FLOW MEASUREMENT: Flow is measured by means of a Fischer-Poner float and cable type flow meter with a flow totalizer and chart recorder in accordance with NPDES Permit requirements. The flow meter is calibrated by Cecil Johnson on an annual basis or more frequently if needed. EFFLUENT/RECEIVING WATERS: The effluent discharge appeared clear with no visible solids. town, or sheen. The facility discharges to an unnamed tributary of Crowder's Creek (7Q10 = 0.24 efs subbasin CTB37). VO'd v09=0L L6-gi-6nv A) c) J / C- State of North Carolina Department of Environment, 44 Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director 1� Mr. Robe C. Brayl y Director, Environmental Affairs Textron, Inc. 40 Westminster Street Providence, Rhode Island 02903 Dear Mr. Braley: April 23, 1996 8NVIRrn_C. i?; p7, of .t NA �I�AL R` S�JI:C S. APR 24 1996 ION OF ENV180NUERTA( 48ORESVILE RMOMAE F Cf .' Ek7 Subject: Permit Renewal Permit # NCO084662 Textron Inc. Groundwater Remediation Facility Gaston County This is to acknowledge receipt of the following documents (3 sets) on 4/22/96: • NPDES Application for renewal (Short Form C-GW) • Application Processing Fee of $200.00 I am, by copy of this letter, requesting that the Mooresville Regional Office Supervisor prepare recommendations regarding this discharge. If you have any questions regarding this application, please contact Mr. Greg Nizich at 919-733-5083, ext. 541. Sincerely, / I'It 1 ` ,kiBavid A. Goodrich, Supervisor NPDES Permits Group Permit File P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper L POLLUTANT DISCHARGE ELIMINATION SYSTEM P(CATION FOR PERMIT DISCHARGE SHORT FORM C-GW To be filed by persons engaged in groundwater remediation projects. APPLICATION NUMBER Date Received rear r4min pay (DEM USE ONLY) Do not attempt to complete this form before reading accompanying instructions. (Please print or type) NO 5 Name, address, location, and telephone number of facility producing discharge-' i ,- : A. Name TdrX+C-0rJ .. rA„but' B. Mailing address 1. StreeLaddress 40 2. City •v. e+.ie-4- 3. State • a- 's 4'J 4. ZIP 52-203 C. Location: ,1 t� 1. Street L—.'ttl4. ftAQe4e4+4:'-i Rcaad 4or,%e.N1�lae•+� t�`�-ur:.J� P(o.�'i-� 2. City d-J'4 3.State G 4. County 14301 h D. Telephone No. (a)- ZI - Z�00 E. Nature of business Gc-o%A#Ja u-1a'k-a.a- -.10+1 ea-4 Lr-Gs- AAU- � •• e "�►r:N�� 2. Facility contact�sys'�-�� A. Name C Q.os-g0- `rIL60&-n (C-.a III a B. Title P'ro &AC rV\a"iar2ar C. 3. The application is for ❑ a new permit, permit renewal ko c JJ LG7 - 2.�3 Telephone No. (d�4 �) - - 8� - Z'SI - -d889 •v ❑permit modification. SIC I I I L (1f known). If application is for renewal or modification, please indicate permit number: NC00 "7-// 4. Product(s) recovered t�*}0+ ty=!l -��� (�a-�'^^f �' ra.�►e.•�A (•> (Diesel fuel, leaded or unleaded fuel, solvents, etc.) This application must also include the following: A) A report of alternatives to surface water discharge as outlined by N.C. Permit and Engineering Unit's "Guidance for Evaluation of Wastewater Disposal Alternatives." (Required by 15A NCAC 21-1.0105 (c)l. B) An engineering proposal detailing the remediation project. (Required by ISA NCAC 21-1.0105 (01 C) A listing of any chemicals found in detectable amounts with the maximum observed concentration reported. The summary of analytical results containing this maximum value should also be submitted (i.e. the listing, not the graphical scan). The most recent sample must be no older than one year previous to the date of this application. For fuel remediation projects, volatile organic compounds should be scanned along with any suspected fuel additives. The following compounds should be included: benzene*, toluene*, ethylbenzene*, xylene*, lead , methyl tert-butylether (MTBE), dibromoethane (EDS), 1,2-dichloroethane, isopropyl ether, naphthalene, phenol. * An EPA approved method capable of detection levels to 1 ppb should be used to detect these compounds IILZ VI VI IINB.1►11 IVWWI WWW.6.7, 0I. Vrr1I 11.LIIVY VL1. vL./ - W. the 10 largest peaks, not identified as one of the targeted compounds and not present in he,proceaural blank, identified and approximately quantitated. [As per the same guidance P stipulated on NCDEM's 'Annual Pollutant Analysis Monitoring (APAM) Requirement - Reporting Form A,' Revised June 1990). if metals or pesticides are suspected to be present, these should be analyzed to the same detection level as presented in the NC APAM. D) The removal efficiency of each compound detected for the proposed project should be provided, If known 5. Name of receiving water Ut6t, n d Attach a USGS topographical map with all discharge poi +0 Crow alai-s clearly marked. 6. Is potential discharge directly to the receiving water7 If not, State 5neci!ically the discharge point. D ; s c�►..�'�V I-, d ; r-Q�e-*ll 4-0 ut a`t4u - Mark clearly the pathway to the potential+eceiving water on the site mio. (This includes tracing the pathway of the storm sewer to its discharge point, if a storm sewer is the only viable means of discharge.) 7. Amount of treated groundwater to be discharged in gallons per operating day: O.'SOO iAGa b 8. Describe the duration and frequency of the discharge (continuous, intermittent, seasonal) including the months of discharge, number of days per week of discharge, volume treated ((monthly average flow in gallons per day). i :4GL%us-4 a. o1uT'et'}'r'Owl i-3 Ga--J+.•Jyo45 d�.� b0 M(I t� . I certify that I am farriliar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Ar. Rv Ltr-4 G . f5r - (� --� .dame;, ; ��.s.,: r-o� w..a,s6 l A� : r3 RINTED Name of Person Signing Title SIGNATURE of Applicant Date Application Signed North Carolina General Statute 143-215.6 (b) (2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan or other document tiles or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed S 10,000, or by imprison- ment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both, for a similar offense.) 4Qt1,%eStqv- ff Usion Rod Ch- 792 A 0 alix :400 1 Drive-in 'T eater �y S1 TE 7� r C. -C) 786 DISCHAA L � 241Z I o" VS- 827' o C- -50-- X'- • f _. , _ it _ it ZL: it 7:7 v SOURCE: USCS 7-1/2 Minute Series Maps: Gastonia South, NC��T11 Topographic Quadrangle ENSR CONSULTING AND ENGINEERING SCALE N SITE LOCATION MAP 1000 0 1000 4000 TEXTRON INC. Gastonia, North Carolina (in feet) DRAWN: - imr DATE: Og /19/95 1 PROJECT NUMBER REV APPV'D: Q:�,j I nLE: 0WCP-001.dwq 16630-0561 State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Mr. Robert Braley Textron, Inc. 40 Westminster Street Providence, Rhode Island 02903 Dear Mr. Braley: N.C. DEPT. OF ENVIRONMENT, HEAIA', is NATURAL RESOURCES September 18,1496 SEP 20 1996 DIVISION OF ENVIRONMENTAL MANAGEMENT Subject: NPDES Permit IssX V1LLE RE610MAL OFFICE Permit No. NCO084662 Textron, Inc. / Homelite Plant Gaston County In accordance with the application for a discharge permit received on April 22, 1996, the Division is forwarding herewith the subject NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated December 6,1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part II, EA. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Greg Nizich at telephone number (919) 733-5083, extension 541. Sincerely, Original Signed By David A. Goodrich A. Preston Howard, Jr., P.E. cc Central Files Mooresville Regional Office Mr. Roosevelt Childress, EPA Permits and Engineering Unit Facility Assessment Unit Aquatic Survey & Toxicology Unit P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone (919) 733-5083 FAX (919) 733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper T::PT. OF HEALTH, SEP 20 1996 Permit No. NCO084662 STATE br, NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Textron , Incorporated is hereby authorized to discharge wastewater from a facility located at the Homelite Manufacturing Plant NCSR 2412 near Gastonia Gaston County to receiving waters designated as an unnamed tributary to Crowders Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. The permit shall become effective November 1, 1996. This permit and the authorization to discharge shall expire at midnight on September 30, 2001. Signed this day September 18, 1996. Original Signed By David A. Goodrich A. Preston Howard, Jr., P.E., Director Division of Water Quality By Authority of the Environmental Mangement Commission Permit No. NC0084662 SUPPLEMENT TO PERMIT COVER SHEET Textron, Incorporated is hereby authorized to: 1. Continue to operate the existing 0.300.MGD groundwater remediation facility consisting of two air strippers located at Homelite Manufacturing Plant, NCSR 2412 near Gastonia, Gaston County (See Part III of this Permit), and 2. Discharge from said treatment works at the location specified on the attached map into unnamed tributary to Crowders Creek which is classified Class C waters in the Catawba River Basin. •"�l �' //� � • -- . `�.. -�_.r� - � � � - --. Il� • 111 ", :::; � _L .. -`90 1 t •� 6 PORK - RID. •` adia_iowe CQ =1�ICA Olney Ch —� .. t/'Cem 1 L1 x`1136' — — __--� �� Sub taUoo, Z. - - -- ♦' _ /'/ I „ ter. • � _.� LI. 2412., - _ yi__ �-_ ��,�` \\ _: ✓.. ice• /�// -_c �-�_'- 11 _ o ROAD CLASSIFICATION PRIMARY HIGHWAY LIGHT -DUTY ROAD, HARD OR HARD SURFACE IMPROVED SURFACE SECONDARY HIGHWAY HARD SURFACE UNIMPROVED ROAD Latitude 35°12'32" Longitude 81111'32" Map # G14NW Sub -basin 030837 Stream Class C Discharge Class 66 Receiving Stream UT to Crowders Creek Design 0 0.3 MGD Permit expires 9/30/01 1 1 MILE uwazrzc3rGooaa��.a:� . - evs-n.:znam�rxr 1 7000 FEET 1 1 KILOMETER CONTOUR QUAD LOCATION Textron, Inc./Homelite Plant NCO084662 % Gaston County Groundwater Remediation A. O. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Perinit No. NCO084662 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristic Flow Chronic Toxicity** Methylene Chloride * Sample location: E - Effluent Discharge Limitation.- Lbs/dav Units (specify Mon. Ava. Daily Max Mon. Avg. Daily Max. 0.300 MGD Monitoring Requirements Measurement Sampie m Frequency TY-" Location Cont. or Weekly Rec or Flow E Quarterly Composite E Quarterly Grab E ** Chronic Toxicity (Ceriodaphnia) P/F at 66%; January, April, July and October; See Part III, Condition E. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/month at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. PART I • ., UIMMOTM• • s . 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. 3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Part H Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS The Director of the Division of Water Quality. REF943yr-TAMC ., Means the Division of Water Quality, Department of Environment, Health and Natural Resources. N Used herein means the North Carolina Environmental Management Commission. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average' in Part I of the permit. Part H Page 2 of 14 6. Concentration Measurement The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day . The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration' (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. f. The "quarterly average concentration' is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. Part II Page 3 of 14 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shAll be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. a_A♦ a. Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at -no greater than 1 /24 of the expected total daily flow at the treatment system,. or . _:... (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. Part II Page 4 of 14 A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. • a • gla I DOW �L � • T, M.F. The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section _ ...._ 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use nr....s disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes § 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. Part II Page 5 of 14 The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. •• KOM re,. 1. Except as provided in permit conditions on 'Bypassing" (Part II, C-4) and "Power Failures" (Part II, C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 0TI= M• • The issuance of this permit does not convey any property rights in either real or personal property,-.._..... or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. I-IMOGIMMOTMOTLOOMs• •• •_•��•• This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. M_C • .••� If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. Part II Page 6 of 14 The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. BUT• ; . _ ti All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) . For a partnership .or sole_ proprietorship: by a general partner or the. proprietor, - respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part H Page 7 of 14 This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations; Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. iM; MOrsM- - .�M 1. All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. ] The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A, Chapter SA .0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. Part II Page 8 of 14 It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. A M 1 • • a a. Definitions (1) 'Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage' means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a '? bypass. Severe property damage does not mean economic loss caused by delays in is production b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part H, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The permittee submitted notices as required under Paragraph c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. Part II Page 9 of 14 5. Upsets a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part II, B. 2. of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Part II Page 10 of 14 1. Representative Samples Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Water Quality Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true discharge rates throughout the range of expected discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and Part II Page 11 of 14 reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. MV- The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring r information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. Lam. • • _� � 1.- For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. LN .f. --T Y • f e_..t.5 _MR !• The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit, and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. Part II Page 12 of 14 SECTION E. REPORTING REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncoml2liance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. Part II Page 13 of 14 901IMMIOMMUNIBM; .• a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. - _ - -4 The permittee shall report all instances of noncompliance not reported under Part H. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit. MOM M-MAMMMU -me Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. ►. rZMM__s •• The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Part 11 Page 14 of 14 Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be , maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III OTHER REQUIREMENTS No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Water Quality and written approval and Authorization to Construct has been issued. The permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a.That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; (1) One hundred micrograms per liter (100 ug/1); (2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl4.6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels' (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. - ��-� _ ate__ �. •r The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. Part III Permit No. NCO084662 E. CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT (QRTRLY) The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in: 1.) The North Carolina Ceriodaphnia chronic effluent bioassay procedure (North Carolina Chronic Bioassay Procedure - Revised *September 1989) or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 66% (defined as treatment two in the North Carolina procedure document). The permit holder shall perform quarterly monitoring using this procedure to establish compliance with the permit condition. The first test will be performed after thirty days from the effective date of this permit during the months of January, April, July and October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DEM Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Environmental Management 4401 Reedy Creek Road Raleigh, N.C. 27607 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Environmental Management indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate retesting(within 30 days of initial monitoring event). Failure to submit suitable test results will constitute noncompliance with monitoring requirements. 1 PART IV ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS A. The permittee must pay the annual administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. State of North Carolina s-kL po"gpb" _ Department of Environment, tzm, 0611 Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director April 26, 1995 Mr. Robert C. Brayley Manager, Environmental Affairs Textron, Inc. 40 Westminster Street Providence, Rhode Island 02903 4 • • tea NATURAL RESOURCES MAY 3 1995 WISION OF ETEAJfI�JPLI° u`l l MOORESYittY RE ki!At 9ffli;i Subject: Permit Issuance Permit # NCO084662 Textron Inc. Groundwater Remediation Facility Gaston County Dear Mr. Brayley: In accordance with your change in ownership letter received on December 2, 1994, we are forwarding herewith the subject State - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated December 6, 1983. Limits and monitoring requirements for outfall 001 were previously covered in a permit held by Homelite - permit number NC0005231 (outfall 002). Based on the change in ownership, outfall 002 has been removed from that permit. A public meeting was held on January 25, 1995 for the proposed permit renewal. Based on the meeting officer's recommendations, no requirements for connection to the City of Gastonia's Crowders Creek Plant are included in the permit. A draft permit comment letter from Homelite/Textron, dated June 29, 1994, was submitted to the Division. The only issue related to this outfall was the necessity to monitor for Methylene Chloride. DEM has not received any recent monitoring data for this parameter. Since it was listed in the application as being discharged from this outfall, and since it is a Federally limited carcinogen, quarterly monitoring should be performed until eight sampling events have been completed. After that time, Textron can request that the data be reviewed for removal/reduction of this monitoring requirement, as appropriate. If desired, Textron can sample on a more frequent basis (i.e. monthly) so that monitoring results can be submitted for review sooner. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicative hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part H, EA addresses the requirements to be followed in case of change in ownership or control of this discharge. r P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Mr. Greg Nizich at telephone number 919/733-5083, ext. 541. Sincerely, Original Signed By A. Preston Howard, Jr. A. Preston Howard, Jr., P.E. cc: Mr. Roo n Facilities Assessment Unit Operator Training & Certification Unit Aquatic Survey & Toxicology Unit Permits and Engineering Unit Central Files Ms. Nancy Matherly, City of Gastonia Permit No. NCO084662 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Textron, Incorporated is hereby authorized to discharge wastewater from a facility located at Homelite Manufacturing Plant NCSR 2412 near Gastonia Gaston County to receiving waters designated as unnamed tributary to Crowders Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. This permit shall become effective June 1, 1995 This permit and the authorization to discharge shall expire at midnight on September 30, 1996 Signed this day April 26, 1995 Original Signed RY A. Preston V' .., . A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NC0084662 SUPPLEMENT TO PERMIT COVER SHEET Textron, Incorporated is hereby authorized to: 1. Continue to operate the existing 0.300 MGD groundwater remediation facility consisting of two air strippers located at Homelite Manufacturing Plant, NCSR 2412, near Gastonia, Gaston County (See Part III of this Permit), and 2. Discharge from said treatment works at the location specified on the attached map into unnamed tributary to Crowders Creek which is classified Class C waters in the Catawba River Basin. ':. L • -=� .- � J: - -_ - �� I `;__ `..� -.tea ,. ..�. - J �• . . \v <l.- . �, J ( °r:: � - � , �/\ , X � � �.. fit_-�l� , -_ a S 1 ---. � ••.� L-cc � ' `- � v �-`�---�—_ r _ ,,tip v � /� n� / { � \�. '�., 1 •�..cc f t �OH73 �jj w � •,� �� \ 1t -�--- ., ma.Cr.eek -� A. O. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO084662 During the period beginning on the effective date of the permit and lasting until expiration, the Permittec is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittce as specified below: Effluent Characteristic Flow Chronic Toxicity" Methylene Chloride * Sample location: E - Effluent Discharge Limitation- . Lbs/day Units (specify Mon. Avg. Daily Max Mon. Avg. Daily Max. 0.300 MGD Monitoring Requirements Measurement Sample •Sample Frequency Tvae Location Cont. or Weekly Rec or Flow E Quarterly Composite E Quarterly Grab E ** Chronic Toxicity (Ceriodaphnia) P/F at 66%; January, April, July and October; See Part III, Condition E. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/month at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. PART 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. 3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Part II Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS The Director of the Division of Environmental Management. Means the Division of Environmental Management, Department of Environment, Health and Natural Resources. Used herein means the North Carolina Environmental Management Commission. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. u /11MVu A a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. Part 11 Page 2 of 14 a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day . The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. f. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. Part II Page 3 of 14 tea. � u �► �� a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. a. Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). Part II Page 4 of 14 c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. M. O a A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. I am:. , v • lq A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. yr• .� ': •�•�•rr• The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes § 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Part II Page 5 of 14 Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. M%7J1FMr4 V 11 i .Mr - � Except as provided in permit conditions on 'Bypassing" (Part II, C-4) and "Power Failures" (Part II, C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143- 215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. I SO -1•IMIMEOGMIMMITP-T1749MI, Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize'any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. . .:tt . 1 •�.�� • . The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. Part Il Page 6 of 14 If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. RW'aI . • s : -.• I I I I M n All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. Part II Page 7 of 14 c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." •1i : y1• This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and rzissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. ._•n u•.•. I .••• 1•s •Ma•n �.••i The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. ] The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-upp operator of the appropriate type and any grade to comply with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. Part II Page 8 of 14 The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. up z .. , • . R, It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. "AM"AMT4 MWO rZT.T.—f ?ME • - a. Definitions (1) 'Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass p) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal Part II Page 9 of 14 periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The permittee submitted notices as required under Paragraph c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. 5. URsets a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the perminee can identify the cause(s) of the upset; (2) The permittee facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part II, B. 2. of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal Pan H Page 10 of 14 regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Pan 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. ' • . The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. •!f• a u•,IMUON. WOMM1113 ; •i•;a m .. nz .�i.m Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1,1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true discharge rates throughout the range of expected Part 11 Page 11 of 14 discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. Test procedures for the analysis of pollutants shall conform to the EMC regulations published Pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. To meet the intent of the monitoring requited by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties-forTampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or ti by imprisonment for not more than two years per violation, or by both. If a convicon of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recor in�a Res„lts For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; C. The analytical techniques or methods used; and f. The results of such analyses. Part II Page 12 of 14 8. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E. REPORTING REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. Part II Page 13 of 14 4. TI3pSfCg This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other acquirements as may be necessary under the Clean Water Act. Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part R. D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part H, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. The permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit. Part II Page 14 of 14 Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester, the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. wwwwaysis Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. nnIFO o. M• eTo• a..•r The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III OTHER REQUIREMENTS No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. WSM-M, Wm3n. Tor -re Me The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. The permittee shall notify the Permit Issuing Authority as soon as it ]mows or has reason to believe: a.That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; (1) One hundred micrograms per liter (100 ug/1); (2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6- dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter p mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. Part III Permit No. NC0084662 E. CHRONIC TOXICITY PASS/FAII, PERMIT LIMIT (QRTRLY) The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in: 1.) The North Carolina Ceriodaphnia chronic effluent bioassay procedure (North Carolina Chronic Bioassay Procedure - Revised *September 1989) or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 66% (defined as treatment two in the North Carolina procedure document). The permit holder shall perform quarterly monitoring using this procedure to establish compliance with the permit condition. The first test will be performed after thirty days from the effective date of this permit during the months of January, April, July and October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DEM Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Environmental Management 4401 Reedy Creek Road Raleigh, N.C. 27607 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Environmental Management indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate retesting (within 30 days of initial monitoring event). Failure to submit suitable test results will constitute noncompliance with monitoring requirements. PART ry ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS A. The permittee must pay the annual administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. N.C. DE". or ETMRONMV'NT, HEAL'Ii & NATUr AL RESOURC JUL 12 1996 Permit No. NCO084662 DIVISION OF ENVI UNNIMTAL MANAGOIEW STATE OF NORTH CAROLINA MOMEMILE REGIONAL OFFICE DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Textron , Incorporated is hereby authorized to discharge wastewater from a facility located at the Homelite Manufacturing Plant NCSR 2412 near Gastonia Gaston County to receiving waters designated as an unnamed tributary to Crowders Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. The permit shall become effective This permit and the authorization to discharge shall expire at midnight on September 30, 2001 Signed this day DRAFT A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Mangement Commission Permit No. NC0084662 SUPPLEMENT TO PERMIT COVER SHEET Textron, Incorporated is hereby authorized to: 1. Continue to operate the existing 0.300 MGD groundwater remediation facility consisting of two air strippers located at Homelite Manufacturing Plant, NCSR 2412 near Gastonia, Gaston County (See Part III of this Permit), and 2. Discharge from said treatment works at the location specified on the attached map into unnamed tributary to Crowders Creek which is classified Class C waters in the Catawba River Basin. A� 1• _ _ , AuorzrE op r 2d111_;OWE $// I _ •I�a \`,��' FO (Olney Ch • �, �� • _ _� _ RP II'rt'Cem•� 01 _ 1► ROAD CLASSIFICATION PRIMARY HIGHWAY LIGHT -DUTY ROAD, HARD OR HARD SURFACE IMPROVED SURFACE SECONDARY HIGHWAY HARD SURFACE =1111100=1 UNIMPROVED ROAD = _ Latitude 35°12'32" Longitude 81'11'32" Map # G14NW Sub -basin 030837 Stream Class C Discharge Class 66 Receiving Stream UT to Crowders Creek Design Q 0.3 MGDGMG� Permit expires 9/30/01 i7 �••� • �- K y SCALE 1:24 000 It 1 MILE 0 7000 FEET 1 0 1 KILOMETER CONTOUR INTERVAL 10 FEET QUAD LOCATION Textron, Inc./Homelite Plant NCO084662 % Gaston County Groundwater Remediation A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO084662 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristic Flow Chronic Toxicity" Methylene Chloride * Sample location: E - Effluent Discharge Limitation: Lbs/dav Units (specify Mon. Ava. Daily Max Mon. Ava. Daily Max. 0.300 MGD Monitoring Requirements Measurement Sample •Samp_le Frequency Tvoe Location Cont. or Weekly Rec or Flow E Quarterly Composite E Quarterly Grab E ** Chronic Toxicity (Ceriodaphnia) P/F at 66%; January, April, July and October; See Part III, Condition E. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/month at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. Part III Permit No. NC0084662 E. CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT (QRTRLY) The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in: 1.) The North Carolina Ceriodaphnia chronic effluent bioassay procedure (North Carolina Chronic Bioassay Procedure - Revised *September 1989) or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 66% (defined as treatment two in the North Carolina procedure document). The permit holder shall perform quarterly monitoring using this procedure to establish compliance with the permit condition. The first test will be performed after thirty days from the effective date of this permit during the months of January, April, July and October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DEM Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Environmental Management 4401 Reedy Creek Road Raleigh, N.C. 27607 Test data shall be complete and accurate and include all supporting chen*al/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Environmental Management indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate retesting(within 30 days of initial monitoring event). Failure to submit suitable test results will constitute noncompliance with monitoring requirements.